1 · web view5.2.5 fauna and flora 38 5.2.6 landscape 38 5.2.7 material assets 38 5.2.8 cultural...
TRANSCRIPT
JASPERS
Joint Assistance to Support Projects in European Regions
Sectoral EIA Guidelines Bulgaria
Municipal Waste Landfills
FINAL DRAFT
2013
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PREFACEThe purpose of these Guidelines are primarily aimed at EIA practitioners in Bulgarian environmental authorities/competent authorities and could be used also by the consultants for developing sound EIA Reports for projects in those sectors more frequently requesting EU financial support.
It is envisaged to outline issues, which may be relevant for the evaluation of the environmental impact assessment report for municipal waste landfill projects. It could be also of importance for other authorities that must be consulted in accordance with the legal provisions, for the non-governmental organizations as well as the public and to facilitate their enhanced participation in the EIA process. The contained recommendations will be hopefully of practical benefit to those involved in the EIA process for municipal waste landfill projects.
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Table of Contents
Acronyms............................................................................................................................................... 4Foreword................................................................................................................................................ 51 Introduction...................................................................................................................................... 92 Policy, legal and administrative framework....................................................................................10
2.1 EU framework....................................................................................................................... 102.2 National framework...............................................................................................................12
3 Description of the proposed project................................................................................................243.1 Location and land use requirements.....................................................................................243.1.1 Siting of the landfill...........................................................................................................243.1.2 Description of project location and land requirements.....................................................253.2 Description of Project design................................................................................................263.3 Description of main processes..............................................................................................283.4 Estimation of residues and emissions resulting from the implementation of the project.......31
4 An outline of the main alternatives studied by the developer.........................................................324.1 Main alternatives studied by developer.................................................................................324.2 Baseline scenario................................................................................................................. 334.3 Alternative selection..............................................................................................................34
5 Description of baseline conditions (existing environment)..............................................................355.1 Context................................................................................................................................. 355.2 Character.............................................................................................................................. 355.2.1 Water and Groundwater...................................................................................................365.2.2 Soil and Geology.............................................................................................................375.2.3 Air and climate................................................................................................................. 375.2.4 Human beings.................................................................................................................. 375.2.5 Fauna and flora................................................................................................................385.2.6 Landscape....................................................................................................................... 385.2.7 Material assets................................................................................................................. 385.2.8 Cultural heritage..............................................................................................................385.3 Significance.......................................................................................................................... 395.4 Sensitivity.............................................................................................................................. 395.5 Sufficiency of data................................................................................................................39
6 Description of the likely significant environmental impacts and mitigation measures.....................406.1 Prediction of the likely significant impacts.............................................................................406.2 Description of the likely significant environmental effects and their mitigation......................416.2.1 Water and groundwater...................................................................................................426.2.2 Soil and geology..............................................................................................................436.2.3 Air and climate................................................................................................................. 446.2.4 Human beings.................................................................................................................. 456.2.5 Fauna and flora................................................................................................................466.2.6 Landscape....................................................................................................................... 476.2.7 Material assets................................................................................................................. 486.2.8 Cultural heritage..............................................................................................................496.3 Residual impact assessment................................................................................................506.4 Cumulative impact assessment............................................................................................506.5 Risks cases........................................................................................................................... 51
7 Environmental Monitoring Programme...........................................................................................538 Non-Technical Summary................................................................................................................559 Environmental Management Plan..................................................................................................5610 Challenges in EIA Report preparation............................................................................................57References........................................................................................................................................... 58Annexes............................................................................................................................................... 59ANNEX 1.............................................................................................................................................. 59ANNEX 2.............................................................................................................................................. 60ANNEX 3.............................................................................................................................................. 70
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AcronymsAA Appropriate AssessmentAP Additional ProvisionsBAT Best Available TechniquesCA Compatibility AssessmentCoM Council of MinistersCJEU Court of Justice of the European UnionExEA Executive Environment AgencyEA Environmental AssessmentEIA Environmental impact assessmentEIAD EIA DirectiveELW European Waste ListEMP Environmental Management PlanEU European UnionIWMS Integrated Waste Management SystemLBD Law on Biological DiversityLEP Law on Environmental ProtectionLG Landfill GasLGTF Landfill Gas Treatment FacilityLSD Law on Spatial DevelopmentLTF Leachate Treatment FacilityLW Law on WatersLWD Landfill of Waste DirectiveLWM Law on Waste ManagementMoEW Ministry of Environment and WaterMS Member stateNTS Non-technical SummaryNWMP National Waste management Programmep.e. Population equivalentPPWD Packaging and Packaging Waste DirectiveRBMP River Basin Management PlanRIEW Regional Inspectorate of Environment and WaterSEA Strategic Environmental AssessmentSG State GazetteWEEE Waste Electrical and Electronic EquipmentWWTP Waste Water Treatment Plant
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ForewordThese Guidelines were prepared as part of a standard set of tools to be used by beneficiaries, project developers and environmental authorities in any interested EU Member State and were then adapted to Bulgarian national requirements, for developing and reviewing sound EIA Reports for projects in those sectors more frequently requesting EU financial support. It is also envisaged for other authorities that must be consulted in the EIA process in accordance with the relevant procedural and legal provisions and for consultants assigned to prepare EIA Reports.
The Guidelines want to ensure that those responsible for carrying out the assessment and preparing the EIA Report are fully aware of the relevant issues and will address them adequately. If efficiently used, the tool will help to improve the quality of the EIA Reports and ultimately facilitate their review and the approval process for EU funding.
These Guidelines shall apply to the following type of projects as listed in Annex II of the EIA Directive (2011/92/EU), respectively under the Law on Environmental Protection (LEP) as given in Table 1.
Table 1. Projects to which these guidelines are applicable respectively under Annex II of the EIA Directive and the LEP
Annex II of the EIA Directive LEP
Annex II 11(b) – “Installations for the disposal of waste (projects not included in Annex I)”
Annex II, point 11(b) of the LEP – “installations and landfills for the disposal of waste (not included in Annex 1);”
Annex II (13) (a) – “Any change or extension of projects listed in Annex I or this Annex, already authorised, executed or in the process of being executed, which may have significant adverse effects on the environment (change or extension not included in Annex I).”
Article 93(1)(3) of the LEP - any extension or modification of development proposals according to Annex 1 hereto and Appendix I to Article 2 of the Convention on Environmental Impact Assessment in a Transboundary Context, which have already been approved or are in the process of being approved, have been executed or are in the process of being executed, provided any such extension and/or modification may cause a significant adverse impact on the environment
The following installations for disposal of waste fall under the provisions of Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control) (IED) as in Annex I of the directive:
Annex I, 5.4. Landfills, as defined in Article 2(g) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (1) OJL182, 16.7.1999, p. 1., receiving more than 10 tonnes of waste per day or with a total capacity exceeding 25000 tonnes, excluding landfills of inert waste
The same approach is applied by p. 5.4. of Annex ІV of the LEP.
These landfills must be design based on Best Available Techniques (BATs). The technical requirements included in the Council Directive 1999/31/EC on the landfill of waste (LWD) are considered as BATs.
From the perspective of European legislation, MSs have obligations established by Directive 1999/31/EC of the Council on the landfill of waste (LWD), by European Parliament and Council Directive 94/62/EC on packaging and packaging waste (PPWD) and by Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE Directive) as transposed in Bulgarian national legislation, that are relevant to integrate waste management systems and new landfills, i.e.:
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Table 2. Obligations under EU waste management legislation and the transposing Bulgarian national legislation
EU Waste Management Directives Corresponding Bulgarian National Legislation
the EU Landfill Directive requires pre-treatment of all waste before landfilling (Article 6). The operator of a new landfill has to demonstrate to the Competent Authority that all waste delivered to the landfill will have been adequately pre-treated, that is considered minimum BAT for new facilities
Article 38(1) of Ordinance No. 8 of 24 August 2004 on the conditions and the requirements to the construction and the exploitation of landfills and other facilities and installations for recovery and disposal of waste
fulfil the specific biodegradable waste diversionary targets set by Article 5 of the LWD
Article 31 of the LWM
fulfil the annual targets for recycling/recovery of packaging waste in accordance PPWD;
Article 9 of the Ordinance on packaging and packaging waste
fulfil the annual targets of separate collection of WEEE in accordance WEEE Directive
Article 10(2) and (3) of the Ordinance on the waste electrical and electronic equipment
The structure of the Guidelines follow, to a large extent, the requirements provided in Annex IV of the EIA Directive with respect to the information referred to in Article 5(1), respectively of Article 96, paragraph 1 of the LEP and Article 12 of the Ordinance on the conditions and the order for implementing environmental impact assessment (EIA Ordinance), i.e. the information that the developer has to provide to the competent authority or authorities for projects that are subject to an EIA.
The Guidelines addresses landfill projects as defined in the EIAD (Annex II), respectively Annex ІІ of the LEP.
The final EIA report is referred to as an Environmental Impact Statement (EIA Report). Most national environmental legislations specify what the content of EIA Report should be, as is the case under Bulgarian national legislation. The sections of this document provide recommendations for a standard structure of the EIA Report and for the issues that shall be addressed/covered under each of the respective sections and sub-sections.
The sections of these Guidelines will follow a possible content of an EIA Report, which largely follows the requirements of the LEP and the EIA Ordinance:
Introduction Policy, legal and administrative framework Description of the proposed project Outline of the main alternatives Description of the environment Description of likely significant environmental impacts and mitigation measures1
Monitoring plan Non-technical summary Challenges in EIA Report preparation Environmental management plan List of references
1 In compliance with Article 96(1)(6) of the LEP, the following should be included in the EIA report: “a description of the measures envisaged to avoid, reduce and, if possible, remedy significant adverse effects on the environment, as well as a plan for implementation of the said measures;”
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The proposed order and scope are not mandatory or exhaustive but should be adapted as appropriate according to the characteristics of the individual project and the requirements of the LEP and the EIA Ordinance. This relates to the project objectives, technical characteristics, location, natural and built environment and other elements
It should be noted again that the EIA Report may make use of this structure, but should consider complying with the requirements of Article 96(1) of the LEP and Article 12 of the EIA Ordinance. More specifically, Article 96(1) of the LEP makes the following mandatory to the content of the EIA report:
“1. a summary of the development proposal for execution of construction, activities and technologies;
2. (amended, SG No. 77/2005) alternatives of siting (including plats and bearings of typical points within the established national coordinate system) and/or alternatives to the technologies as studied by the initiator and reasoning of the choice of study made, considering the environmental impact, including a "zero alternative";
3. a description and analysis of the environmental media and factors covered under Articles 4 and 5 herein and of the physical structures and the cultural heritage that will be significantly affected by the development proposal, as well as the interaction among these aspects;
4. description, analysis and assessment of the potential significant effects on the population and the environment resulting from:
(a) implementation of the development proposal;
(b) use of natural resources;
(c) emissions of harmful substances in normal circumstances and in an emergency, generation of waste and creation of nuisances;
5. information on the forecasting methods used to assess the effects on the environment;
6. a description of the measures envisaged to avoid, reduce and, if possible, remedy significant adverse effects on the environment, as well as a plan for implementation of the said measures;
7. (supplemented, SG No. 46/2010, effective 18.06.2010) observations and opinions expressed by the public concerned, of the authorities competent to make an EIA decision or officials empowered thereby and other specialized institutions and the States affected in a transboundary context, as a result of the consultations held;
8. (amended, SG No. 77/2005, SG No. 103/2009) conclusion in conformity with the requirements of Article 83 (5) herein;
9. a non-technical summary of the information;
10. information on the difficulties (technical reasons, insufficiency or lack of data) encountered in the collection of information for preparation of the EIA statement;
11. (supplemented, SG No. 46/2010, effective 18.06.2010) other information at the discretion of the competent authority or an official empowered thereby.”
This legal framework is supplemented by Article 12 of the EIA Ordinance, as following:
“(1) The EIA report shall be formed as an integral document, which includes:
1. a main content part in accordance with Article 11(1);
2. list of the sources of information used by the authors in the EIA report;
3. the summarized reference under Article 9(5);
4. (new, SG 29/2010) list of the experts and the team leader, who have prepared the EIA report, where each one signs under the sections of the report, prepared by him/her;
5. (new, SG 29/2010) written declarations under Article 11(3) signed personally by the experts;
(2) As separate self-standing annexes to the EIA report are enclosed:
[…]
4. the assessment under Article 99a(1) of the LEP for the cases under Article 118(2) of the LEP for each of the installation, falling under the scope of Annex IV of the LEP;
5. a non-technical summary of the EIA report under Article 96(1)(9) of the LEP
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6. (new, SG 3/2011) the assessment of the extent of the impact in the cases where the competent authority has required the preparation of such.“
Note that these Guidelines do not attempt to reproduce any statutory EIA guidelines that already may exist in Bulgaria and should always be read in conjunction with the EU Directive on EIA and Bulgarian legislation and guidance on EIA, as detailed legal requirements vary throughout the Member States.
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1 INTRODUCTION
Usually the EIA Report structure follows the sequence of information as required by Article 5 (3), and which are detailed in the Annex IV of the EIA Directive, as implemented by Article 96(1) of the LEP and Article 12 of the EIA Ordinance. In addition, the EIA Report should contain:
the name and qualifications of the specialists who prepared each section, the submission date, the signature of the responsible person/official representative of the firm that prepared the EIA Report;
an overview of the policy, legal and administrative framework governing the EIA and waste sector; an overview of the steps of the EIA procedure carried out up to EIA Report completion; the description of how were considered, during the EIA Report preparation:
- the outcomes of the consultations of the authorities likely to be concerned by the project by reason of their specific environmental responsibilities and,
- the outcomes of the public consultations; appendices containing:
- drawings, maps, diagrams, etc.;- documents, studies, and information used as reference for the EIA Report preparation;- copies of certain documents, which are relevant for the EIA carried out for the Project;
a Glossary of terms and acronyms.
The introductory section of the EIA Report should provide a concise presentation of how is set out the content of the EIA Report, and information regarding the EIA procedure carried out for the Project.
Box 1. Information that should be presented in the introductory section of an EIA Report
Project title
Project developer
Needs and specific objective(s) of the proposed project
Description of the EIA Report content
Estimated life time of the landfill and project components
Implementation schedule/project phasing
Starting and finishing dates for construction; in the case of staged projects, the order of each stage and its approximate duration
Commissioning date
Estimated closure dates (for each cell and for the whole landfill)
Data about sequence of the EIA procedure stages accomplished so far for the project; name the documents provided by competent authority provided during EIA procedure, if applicable (e.g. screening decision, scoping report)
Outcomes of the consultation of other authorities likely to be concerned by the project by the reason of their environmental authorities and, if applicable, name of the documents issued by other authorities and specification of the appendix of the EIA Report where they can be find
Outcomes of the consultation of the public concerned about the project
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2 POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK
The objective of this section of the EIA Report is to provide an overview of the national legislation and environmental policy as well as European Union (EU) legislation that has been taken into consideration in carrying out the EIA.
This chapter of the EIA Report considers the relevance of European and national legislation, national planning, policy, and the compatibility of the project with this legislation/policy. It highlights the legislation and policies of national government, where relevant, and outlines those EU directives and regulations and other international obligations that are applicable to the project.
2.1 EU framework
Article 11 of the Treaty on the Functioning of the European Union (TFEU) proclaims the principle of integration of the environmental considerations into the other sectoral policies, in particular with a view to promoting sustainable development.
Article 191 of the TFEU states that EU environmental policy must contribute to preservation, protection and improvement of the quality of the environment, protection of human health, to prudent and rational utilisation of natural resources, and should aim at a high level of protection of the environment. The EU environmental policy is based on the precautionary principle, ‘and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.’
EU waste management policies aim to reduce the environmental and health impacts of waste and improve Europe’s resource efficiency. The long-term goal is to turn Europe into a recycling society, avoiding waste and using unavoidable waste as a resource wherever possible. The aim is to achieve much higher levels of recycling and to minimise the extraction of additional natural resources. Proper waste management is a key element in ensuring resource efficiency and the sustainable growth of European economies.
The EU's approach to waste management is based on three principles:
waste prevention recycling and reuse improving final disposal and monitoring
The main legal instrument establishing the EU waste management policy is Directive 2008/98/EC on waste and repealing certain Directives, also known as the “Waste Framework Directive”2, which creates a legal framework for the treatment of waste within the EU. It aims at protecting the environment and human health through the prevention of the harmful effects of waste generation and waste management. Among others the Directive defines that EU waste management policy should be based on the following principles:
2 Directive 2008/98/EC on waste and repealing certain Directives: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:312:0003:0030:EN:PDF
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Waste hierarcy: the priority order to be followed by the EU MSs in waste management, i.e. prevention, preparation for reuse, recycling, other forms of waste recovery and disposal:
Protection of human health and the environment: meaning that waste management is carried out without endangering human health, without harming the environment
Proximity meaning that the treatment of waste shall be undertaken in the nearest appropriate waste treatment facility or site, taking into consideration environmental and economic efficiency;
Self-sufficiency meaning that an integrated and adequate network of installations for waste disposal and recovery of mixed municipal waste collected is established and operated, etc.
Waste management plans and waste prevention programmes must be adopted and implemented at national and lower levels aiming at providing for the necessary measures to comply with the principles and the provisions of the Directive.
As regards landfill of waste the main legal instrument is Directive 1999/31/EC on the landfill of waste (as amended), also referred to as the “Landfills Directive”3. Its objective is to prevent or reduce as far as possible negative effects on the environment from the landfilling of waste, by introducing stringent technical requirements for waste and landfills.
The Directive is intended to prevent or reduce the adverse effects of the landfill of waste on the environment, in particular on surface water, groundwater, soil, air and human health.
The Landfills Directive requires that the Member States had to ensure that existing landfill sites may continue to operate only if they comply with the provisions of the Directive as soon as possible, but not later than 16 July 2009.
In addition, also Directive 2010/75/EU on industrial emissions, referred to as the “Industrial Emissions Directive” or “IED”. This Directive covers industrial activities with a major pollution potential, defined in Annex I to the Directive (energy industries, production and processing of metals, mineral industry, chemical industry, waste management, including landfills, etc.).
Other relevant EU legislation includes directives requiring assessments of impact of the specific plans/programmes and projects on the environment and protection of habitats and wild animal and bird species:
Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment
Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment
Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, as amended
Directive 2009/147/EC on the conservation of wild birds.
3 Directive 1999/31/EC on the landfill of waste: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:1999L0031:20111213:EN:PDF
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EU environmental acquis on air quality, waste management, access to environmental information, etc. may be applicable to the individual project phases: construction, exploitation, decommissioning and should also be taken into consideration.
In addition, the EU legislation regulating, for example, energy efficiency of buildings, occupational safety and health may also be relevant.
In compliance with provisions of the Treaty of the European Union and Treaty on the Functioning of the European Union, these directives are transposed into national law do not need to be considered in more details, instead, the national legislation transposing them must be presented. In the EIA Report it should be described all national and local applicable environmental legislation, guidelines on landfilling of waste or standards to be met for emissions, as well as policies and plans that are taken into consideration for project achievement. The authorities responsible for monitoring of construction and the environment should be noted.
Last but not least, the case-law developed by the Court of Justice of the European Union (CJEU) must be taken into account. Although the jurisprudence of the Court does not require transposition, the interpretation therein is mandatory for the Member States and the EU institutions.
Annexes 1 and 3 of the present Guideline gives a glimpse on the applicable EU legislation and the most important and relevant cases of the CJEU with a short description of the subject.
2.2 National framework
Box 2. Applicable legislation
Spatial development (planning) legislation
LSD regulates the social relations associated with spatial development, development-project designing and construction in the Republic of Bulgaria and determines the restrictions on ownership for spatial-development purposes.
Chapter IV, Section VIII of the LSD regulates the issues related waste treatment installations.
Pursuant to Article 97 of the LSD the location of sites for construction of waste treatment installations and facilities is determined by master plans and detailed plans. The distances from the sites for arrangement of waste treatment installations and facilities to nucleated settlements are determined depending on the treatment technology adopted and the established sanitary protected areas. These sites are selected, constructed and operated on the basis of designs approved according to the standard procedure and according to requirements established by ordinances of the Minister of Regional Development and Public Works, the Minister of Environment and Water, and the Minister of Health.
In compliance with Article 98 of the LSD the terrains for, and construction of, household waste and construction and demolition waste treatment installations and facilities are provided by the municipality concerned. Two and more municipalities may construct shared household waste and construction and demolition-waste treatment installations and facilities. The provision of terrains, the construction of installations and facilities, and the treatment of industrial waste, including hazardous waste, is performed under the terms and according to the procedure established by the LWM.
Environmental policy and legislation framework
The protection of the environment is a right and obligation of the State and all citizens in compliance with Constitution of the Republic of Bulgaria.
“The Republic of Bulgaria shall ensure the protection and reproduction of the environment, the conservation of living Nature in all its variety, and the sensible utilization of the country's natural and other resources.” (Article 15 of the Constitution of the Republic of Bulgaria).
Again according to the Constitution, all Bulgarian citizens are entitled to have a healthy and favourable environment corresponding to established standards and norms and are obliged to protect the environment (Article 55).
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The Law on Environmental Protection (LEP) provides for the overall legal framework for protection of the environment. This framework is supplemented by a number of other primary and secondary legislation acts regulating the management of the different components and factors of the environment.
The competent authorities and their responsibilities are defined in Article 10 of the LEP:
The National Environmental Protection Strategy 2000-20064 sets as a long-term objective the improvement of the quality of life through the maintenance of favourable environment and reservation of the rich nature based on the sustainable development of the environment. This overall objective is supplemented by sectoral objectives covering water and air quality, nature protection, waste management, etc.
The National Action Programme for Environment and Health 2008-20135 aims at:
further improvement of the conditions for coordination and cooperation in the implementation of the national policy in compliance with the National Health Strategy and the National Environmental Protection Strategy at national, regional and local level;
strengthening and improvement of the intersectoral cooperation in the implementation of the environmental and health protection policy, while environmental and health protection become a main principle of development programmes in all economic sectors;
further improvement of public participation in environment and health decision-making processes.
In view of achieving these general objectives the Programme provides for specific measures with a timetable, competent authority and financial resources for their implementation.
National Waste Management Policy
The national waste policy is determined by the LWM and by the national waste management plan and the national waste prevention programme as defined in Chapter IV, Section II of the Law.
National Waste Management Programme 2009-20136
The current NWMP was adopted in 2009 and covers the period until the end of 2013. The new national waste management plan is under preparation and is expected to be adopted by the 2013.
The main objectives of the NWMP 2009-2013 are as following:
providing a clear framework for the participants in the management of waste to - assist local authorities and industry in their plans for the future development of practices for waste management;
ensuring the development of local and regional programmes for waste management and introduction of more private investment in the field;
providing a framework for policies and decisions on future waste management in accordance with EU requirements.
In order to achieve these main objectives the NWMP sets a number of specific objectives, among those relevant to these guidelines are:
increasing the quantities of waste recycled and recovered
Types Of Waste
By 2010 By 2011 By 2012 By 2013
Household Waste
at least 17% of all waste is recycled
at least 25% of all waste is
recycled
at least 30% of all waste is recycled
at least 33% of all waste is
recycled
building systems for separate collection for recovery and recycling of waste
4 National Environmental Protection Strategy 2000-2006: http :// www . moew . government . bg /? show =19 5 National Action Programme for Environment and Health 2008-2013: http :// www . moew . government . bg /? show =19 6 The NWMP 2009-2013 is available in Bulgarian language at: http://www.moew.government.bg/?show=top&cid=376
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environmentally sound waste disposal, including landfills: existing and new.
As regards biodegradable waste the NWMP envisaged:
measures to reduce green waste;
measures to reduce the quantity of biodegradable waste through the construction of facilities and composting plants, anaerobic digestion and mechanical biological treatment;
measures to reduce the quantity of biodegradable waste through home composting.
In the period of the implementation of the NWMP, i.e. 2009-2013 the following objectives should have been achieved:
2010 the quantity of biodegradable municipal waste destined for landfill must be reduced to 75% of the total weight amount of biodegradable municipal waste produced in 1995;
to 2013 the quantity of biodegradable municipal waste destined for landfill must be reduced to 50% by weight of the total amount of biodegradable municipal waste produced in 1995.
The MWMP covers also the measures for the management of the sludge from urban wastewater treatment plants.
The estimated quantities non-hazardous sludge generated from urban waste water treatment plants for 2013 and 2020 are presented in the table below. These are defined based on the average rate amounts sludge and (as 100% dry matter), to be generated by p.e. per year amounting at 15 kg/p.e./year.
Year Quantity-based dry
Quantity, at 25% dry matter
content,
Recovery through use in agriculture and reclamation
of land
Incineration or co-incineration
Deposit
t t % % %2013 135,000 540,000 50 10 402020 153,700 614,800 60 20 20
Municipal waste management programmesIn compliance with Article 52 of the the LWM, the municipal mayor draws up and implement the waste management programme for the territory of the relevant municipality. The municipal waste management programme is drawn up in accordance with the structure, objectives and estimates of the National Waste Management Plan. The programme includes the measures necessary for discharge of the obligations of the municipal mayor and the requirements referred to in the LWM as regards municipal waste management.
Waste Management Legislation
The new Bulgarian Law on Waste Management entered into force on 13 July 2012. The law is harmonised with the relevant EU directives in the waste sector, such as Directive 2008/98/EC on waste, the directives related to waste landfill, packaging and packaging waste, waste from electrical and electronic equipment, batteries and accumulators waste, etc. Furthermore, the LWM implements the UNEP's Basel Convention on Transboundary Movement of Hazardous Wastes and their Disposal, to which Bulgaria is a party.
The LWM regulates the obligations of waste holders to ensure adequate treatment in a way that does not negatively affect the environment and human health. Further, the law establishes the principle of 'extended producer responsibility' aiming to enhance waste prevention, reuse, recycling and other waste recovery.
The competent authorities responsible for waste treatment and issuance of permits and registration documents is the director of the respective RIEW.
Activities with waste can be carried out on the basis of a:
permit issued under the LWM;
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integrated permit issued under the LEP;
registration document issued under the LWM.
Pursuant to Article 35 of the LWM, for activities with hazardous waste (except for the cases of collection and transport), for disposal of waste, incl. landfilling of waste \hazardous and non-hazardous) a permit under the LWM or an integrated permit under LEP is required.
As a rule, all the persons handling waste activities or whose activities generate waste (including persons who place on the market any products that after use form ordinary waste) must provide information to the ExEA. Furthermore, the said persons or entities must keep waste reporting books as well as provide the competent authority with annual reports on waste.
In addition the following secondary legislation acts may be applicable:
Ordinance No. 3 on the classification of waste;
Ordinance No. 2 of 22/01/2013 on the procedure and the templates for submission of information on the activities with waste, as well as the procedure for maintaining the public registries;
Ordinance on the management of construction waste and for the application of recycled construction materials;
Ordinance No. 4 on the conditions and the requirements for the construction and exploitation of the installations for incineration and of installations for co-incineration of waste;
Ordinance on the procedure and the methods for recovery of sewage sludge from treatment of waste waters by using it in the agriculture;
Ordinance on the waste oils and waste petrol products;
Ordinance on packaging and packaging waste;
Ordinance on waste electrical and electronic equipment.
Legislation on the Landfill of Waste
Law on Waste ManagementIn compliance with Article 43 of the LWM, the conditions and the requirements pertaining to sites designated for waste treatment facilities, construction and operation of waste treatment facilities and installations, as well as to preliminary storage, treatment and transport of industrial and hazardous waste and to management of waste and equipment containing polychlorinated biphenyls are laid down in an ordinance issued by the Minister of Environment and Water in coordination with the Minister of Regional Development and Public Works and the Minister of Health. The procedure and method for calculating and determining the amount of collateral and the deductions required for landfilling of waste referred to in Chapter Four, Section IV of the LWM are laid down in an ordinance issued by the Minister of Environment and Water in coordination with the Minister of Finance. The requirements for operations for collection and treatment of bio-waste, the calculation methods for verifying compliance with the targets referred to in the LWM and the distribution of said targets amongst the regions referred to the LWM are laid down in an ordinance issued by the Council of Ministers. The requirements for management of sewage sludge shall be laid down in an ordinance issued by the Council of Ministers.
As regards treatment of waste the following two ordinances are relevant:
Ordinance No. 7 on the requirements which must be met by the waste treatment facility sites;
Ordinance No. 8 on the conditions and requirements for the construction and operation of waste landfills and other installation for recovery and disposal of wastes.
Ordinance No. 7 on the requirements to be met by the sites where waste treatment facilities are to be located
Ordinance No. 7 applies to the terrains proposed for construction of facilities for treatment of household, industrial and hazardous waste and in particular for the following operations:
collection of waste;
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temporary storage,;
recovery of waste;
disposal of wastes;
landfilling of wastes.
Ordinance No. 7 introduces requirements to the sites for waste treatment where the use of movable facilities and installations is proposed.
For the location of the waste treatment sites and for organisation of the associated activities, the provisions of the LSD, LEP, the Law on Agricultural Lands Protection, Law on Forests, as well as the international agreements to which Bulgaria is a party need to be fulfilled.
Ordinance No 8 on the conditions and requirements for the construction and operation of waste landfills and other installation for recovery and disposal of wastes
Ordinance No. 8 introduces the necessary technical and exploitation requirements and the related measures, procedures and rules aiming at limitation and prevention of negative impact upon the environment. More specifically, this Ordinance regulated the requirements to the location of the landfill site, those relevant to the technical aspects of the construction of the landfill and the additional facilities at the site, to the acceptance and handling of the waste at the site, to the monitoring and sampling, etc. Special requirements are established as regards the different types of waste treated at the different landfills.
Ordinance No. 8 sets out three classes of landfills:
for hazardous,
for non-hazardous and
for inert waste.
The acceptance of waste in different classes of landfills must be in compliance with the following requirements:
only hazardous waste may be landfilled at landfills for hazardous waste;
landfill for non-hazardous waste may be used for municipal and industrial non-hazardous waste;
inert waste landfills may be used for inert waste only.
Annex II to the Ordinance sets out the technical requirements to the design of the landfill’s body.
Ordinance No. 8 provides also for specific requirements to the pre-treatment equipment and the facilities for biological treatment of biodegradable waste.
The operator of the landfill is obliged to:
ensure the environmentally sound waste treatment;
ensure the safe exploitation of the landfill and the facilities and installations for recovery and disposal of the wastes;
provide healthy and safe labour conditions;
improve the qualification and training of the personnel;
control over the landfilling operations, incl. internal control executed by the landfill operator.
The criteria and procedures for the acceptance of waste at landfills established by the Landfill Directive and Council Decision 2003/33/EC are given in Annex I to Ordinance No. 8.
The specific requirements to the monitoring plan are given in Annex III.
The Regulation sets out the requirements for:
design of the landfill body;
landfill monitoring systems;
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after-care control;
requirements for qualification and training of the staff engaged in landfill management.
It should be noted that a new Ordinance on the conditions and the requirements to the construction of landfills and other facilities and installations for treatment of waste is currently under preparation7.
Legislation on Integrated Pollution Prevention and Control
Directive 2010/75/EC on industrial emissions establishing a system of integrated permits is implemented in Bulgaria by the LEP and the Ordinance on the conditions and the order to the issuance of integrated permits.
The construction and operation of new installations and facilities for industrial activities of the categories listed in Annex ІV of the LEP (e.g, in the energy, metal, mining and chemical industries, waste management etc.), and the operation of existing installations and facilities of the said categories is admitted after granting of an integrated permit. An integrated permit referred to in Article 117 of the LEP is a mandatory condition for the granting of a building permit. An exception is admitted in respect of any installations and facilities for which an EIA procedure has been completed with a decision confirming the application of the best available techniques, in accordance with Article 99a herein, namely in this case the integrated permit is a mandatory condition for the commissioning of the installations and facilities.
The Executive Director of the Executive Environment Agency shall be the authority competent to grant, refuse, reconsider, modify, update and revoke any permits.
The requirements to the content of application are given in Article 122, while the content of the permit is regulated by Article 123 of the LEP.
During the operation of the installations and facilities, the operator shall oversee:
the implementation of all appropriate preventive measures against pollution, in particular through application of BAT;
the implementation of systematic environmental management;
the prevention of environmental pollution according to the emission limit values and the environmental quality values/standards;
waste prevention; treatment of waste produced in the following order of priority: preparing for reuse, recycling, recovery or, in the cases where this is technically or economically impossible, safe disposal, while avoiding or reducing the impact thereof on the environment;
the efficient use of energy;
the implementation of necessary measures to prevent industrial accidents and limit the consequences thereof;
the undertaking of necessary measures to avoid any possible pollution risks, etc.
7 More information about the draft is available at: http://www.moew.government.bg/?show=konsultacii&kid=66
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Legislation on SEA
The environmental assessment of plans and programmes is regulated by the:
Law on Environmental Protection and the
Ordinance on the conditions and the order for implementing environmental assessment of plans and programmes
According to the Law on Environmental Protection, the environmental assessment is aimed at integration of the predictions with regard to environment in the process of development as a whole and the introduction of the principle of sustainable development. The environmental assessment of plans and programmes is implemented simultaneously with their preparation and before their adoption, taking into consideration their objectives, the territorial scope and the degree of detail, so that to be identified, described and assessed in an appropriate way the possible impacts of the application of the investment proposals, included in these plans and programmes. The environmental assessment is obligatory for plans and programmes in the field of inter alia transport, power generation, waste management, water resources management and industry, when these plans and programmes outline the framework for the future development of investment proposals under Annexes I and II of the said law.
In addition, pursuant to Article 2(1)(2) of the Ordinance on the conditions and the order for implementing environmental assessment of plans and programmes, plans and programmes likely to have significant adverse effects on protected areas included in the Network ‘NATURA 2000’ pursuant a decision under Article 20 of the Ordinance on the conditions and order for carrying out compatibility assessment on plans, programmes, projects and investment proposals with the conservation objectives of the protected areas are also subject to environmental assessment.
The Ordinance on the conditions and the order for implementing environmental assessment of plans and programmes sets a list of plans and programmes which should be mandatory subject to SEA and of plans and programmes, for which the necessity for SEA is assessed by the CA (SEA screening). In addition, other legislation provides for an obligation for environmental assessment.
The competent authorities for environmental assessment are:
the Minister of Environment and Water for the plans and programmes approved by the central bodies of the executive power and by the Parliament;
the director of the respective RIEW for the plans and programmes, approved by local authorities.
The Ordinance on the conditions and the order for implementing environmental assessment of plans and programmes supplements the provisions of the LEP and provides for the detailed rules for environmental assessment, including preparation of the report, holding consultations with the other authorities and the public and transboundary consultations, decision-making and monitoring.
Legislation on EIA
EIA is regulated by the:
Law on Environmental Protection;
Ordinance on the conditions and the order for implementing environmental impact assessment
Pursuant to the Law on Environmental Protection (LEP), the EIA determines, describes and assesses in appropriate way for each individual case the direct and the indirect impacts of the investment proposals8 for construction, activities and technologies over humans, biological diversity and its elements, including flora and fauna, the soil, the water, the air, the climate and the landscape, the earth bowels, the material and the cultural–historic heritage and the interaction between them.
The LEP provides for an EIA screening for all Annex II projects which also include in point 11(b) “installations for the disposal of waste (projects not included in Annex I)” and “any extension or
8 Pursuant to the LEP, the term ‘project’ under Article 1(2)(a) of the EIAD in Bulgarian national legislation is referred to as ‘investment proposal’.
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modification of investment proposals according to Annex II hereto, which have already been approved or are in the process of being approved, have been executed or are in the process of being executed, provided any such extension or modification may cause a significant adverse impact on the environment” as per Article 93(1)(2) of the LEP.
As regards the rehabilitation of landfills the EC highlights that in certain cases significant effects on the environment, (for example through the construction of physical installations, the generation of leachates or the production of methane and other gases) can occur. These effects should normally be included in the EIA report prepared as part of the original authorisation of the landfill. If the EIA Directive was not applicable at that time, or if an EIA was not considered necessary, then either a screening or full EIA procedure should be carried out before the rehabilitation takes place.9
Competent authorities for EIA are the Minister of Environment and Water and the Director of the respective RIEW, as defined in Article 94(1) and (2) of the LEP.
The Ordinance on the conditions and the order for implementing environmental impact assessment supplements the provisions of the LEP and provides for the detailed rules for EIA, including preparation of the EIA report, holding consultations with the other authorities and the public and transboundary consultations, decision-making and control for compliance with the EIA decision conditions.
Specific environmental legislation
Air quality
The framework on air quality in Bulgaria is regulated by the Law on Clean Ambient Air and a number of secondary legislation acts.
The objective of Law is to protect the people's and their generation's health, the animals and the plants, their communities and habitats, the natural and cultural values from harmful effects, as well as to prevent the occurrence of dangers and damages to society in case of changes in the ambient air quality resulting from various activities.
The following ordinances may apply to the project:
- Ordinance No. 12 of 15/07/2010 on the norms for sulphur dioxide, nitrogene, particulate matter, lead, benzene, carbon dioxide and ozone in the ambient air
- Ordinance No. 11 of 14/05/2007 on the norm for arsenium, cadmium, nickel and polycyclic aromatic carbon oxides in the ambient air
- Ordinance No. 1 of 27/06/2005 on limit emission values for harmful substances (pollutants) released in the atmosphere by installations and activities with immovable sources of emissions
- Ordinance No. 6 on the procedure and the methods for measurement of emission of harmful substances released in the ambient air by immovable sources of emissions
- Ordinance No. 10 of 24/02/2004 on the conditions and the procedure for approval of the types of internal combustion engines to be installed off-road mobile machinery regarding their emissions of pollutants
- Ordinance No. 7 on the assessment and management of the quality of ambient air
- Ordinance No. 14 on the norms for limit admissible concentrations of harmful substances in the ambient air of the settlements
- Ordinance on the requirements to the quality of liquid fuels, the conditions, the procedure and the methods for controlling them
Noise
The Law on Protection Against Environmental Noise sets out the legal framework for management
9 Source: Application of Council Directive 85/337/EEC of 27 June 1985 as amended on the assessment of the effects of certain public and private projects on the environment to the rehabilitation of landfills - European Commission - Directorate General Environment (21/01/2010). The document is available in English language at: http://ec.europa.eu/environment/eia/pdf/eia_landfills.pdf
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of environmental noise.
The legal frameowrk is supplemented by the:
Ordinance No. 54 of 13/12/2010 on the activities of the national system for monitoring of the environmental noise and the requirements to self-monitoring and submission of information by the industrial sources of environmental noise
Ordinance No. 6 of 26/06/2006 on the indicators for environmental noise, measuring the level of discomfort during the different parts of the day, the limit values of the indicators for environmental noise, the methods for assessment of the limit values of the indicators for noise and the harmful effects of the noise on the health of the population
Ordinance on the requirement to the development and the content of the strategic noise maps and to the action plans
Ordinance to the essential requirements and to the assessment of the compliance of outdoor machinery and equipment regarding the noise emitted by them in the air
Soil
The Law on Soils regulates the social relations in connection with the protection of soils and their functions, as well as their sustainable use and long-term restoration as an environmental medium.
Soils are defined as a national asset and a scarce, irreplaceable and essentially non-renewable natural resource, and their protection is a priority and obligation of state and municipal authorities and of natural and legal persons.
In addition the following soil legislation may by applicable:
Ordinance No. 3 of 01/08/2008 on the norms for admissible content of dangerous substances in the soils
Ordinance No. 4 of 12/01/2009 on the soils monitoring
Ordinance No. 26 of 02/10/1996 on the rehabilitation of damaged terrains, improvement of low-productive lands, reclamation and recovery of humus layer
Ordinance on the inventory and exploration of the terrains with polluted soils, the necessary remediation measures, as well as the maintenance of the implementation of the remediation measures
Ordinance on the procedure and the methods for inventory, exploration, implementation and maintenance of the necessary remediation measures on terrains with damaged soils
Ordinance No. 36 of 18/08/2002 on the conditions and the procedure for biological testing, registration, use and control of fertilizers, soil improvers, biologically active substances and food substrates
Flora, fauna and natural habitats
The legislation relevant to municipal waste landfill projects, and in particular when it is likely that there will be adverse effects on NATURA 2000 sites and when compatibility assessment will be required:
Law on Biological Diversity (LBD);
Ordinance on the conditions and order for carrying out compatibility assessment on plans, programmes, projects and investment proposals with the conservation objectives of the protected areas (CA Ordinance).
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The Law on Biological Diversity provides for the establishment of the National Ecological Network of protected areas, designated in compliance with the EU Habitats and the Birds directives, which are now part of the European NATURA 2000 Network. The protection regime under Article 6(3) and (4) of the Habitats Directive is laid down in Article 31-34a of the said law.
Hence, compatibility assessment is required for all plans, programmes, investment proposals and projects not directly connected or necessary for the management of the protected area which individually or in combination with other plans, programmes and investment proposals are likely to have significant adverse effect on the site. The compatibility assessment aims at assessing these effects against the subject of protection and site-specific protection objectives.
The LBD provides for joint procedures when compatibility and environmental or environmental impact assessments are required simultaneously.
When the plan, programme or investment proposal is not covered by the LEP and the relevant secondary legislation adopted there in, the compatibility assessment is implemented in compliance with the LBD and the CA Ordinance.
Pursuant to the LBD, plans, programmes, projects or investment proposals are only approved if the compatibility assessment reaches the conclusion that the subject of protection of the site would not be significantly adversely affected. If, however, the plan, programme, project or investment proposal needs to be approved for a reason of an overriding public interest and no other alternative exists, then compensatory measures must be implemented and the procedure for communication with the European Commission must be complied with.
The Ordinance on the conditions and order for carrying out compatibility assessment on plans, programmes, projects and investment proposals with the conservation objectives of the protected areas supplements the provisions of the LBD and provides for the detailed procedure for the implementation of the compatibility assessment.
The competent authorities for the compatibility assessment are the Minister of Environment and Water and the director of the respective RIEW.
In the cases when the compatibility assessment is combined with an environmental or an environmental impact assessment the competences of the authorities are defined under the respective provisions of the LEP and the relevant secondary legislation adopted therein (as described above).
In addition, the following legal acts may be applicable:
Ordinance on the development of management plans for protected areas
Ordinance No. 2 of 18/12/2006 on the conditions and the procedure for the establishment and the functioning of the National System for Monitoring of the Status of the Biological Diversity
Ordinance No. 5 of 01/08/2003 on the conditions and the procedure for preparation of action plans for plant and animal species
Decision No. 122 of the Council of Ministers (CM) of 02/03/2007 for the adoption of a List of Protected Areas for Protection of Wild Birds and a List of Protected Areas for Protection of Natural Habitats and Wild Flora and Fauna
Decision No. 661 of the CM of 16/10/2007 for the adoption of a List of Protected Areas for Protection of Natural Habitats and Wild Flora and Fauna
Decision No. 802 of the CM of 04/12/2007 for the adoption of a List of Protected Areas for Protection of Wild Birds and a List of Protected Areas for Protection of Natural Habitats and Wild Flora and Fauna
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Water
The Law on Environmental Protection and the Law on Waters (LW) are the main legislative acts that regulate water management in Bulgaria, by providing for the basic principles of effective environmental policy, such as ‘polluter pays’, ‘public awareness regarding the state of the environment’, ‘shared responsibility’, ‘preventive action (and control)’, ‘integrated management’.
Article 35 of the LEP states as a general principle that the preservation and the use of waters and water bodies is based on a long-term state policy, on the rational management of the waters at national and basin level so that good status of all the waters is achieved.
The preservation of the waters and the water bodies must ensure:
the balance between the exploitation of the waters and their natural restoration;
the preservation and the improvement of the surface and the groundwater.
The LW regulates the ownership and management of waters in Bulgaria as a national integral natural resource and the ownership of water economic systems and facilities. This framework is supplemented by the Law on State Property and the Law on Municipal Property.
Secondary legislation on water quality in Bulgaria includes:
Ordinance No. 1 on exploration, use and protection of groundwater
Ordinance No. 3 of 16/10/2000 on the conditions and the procedure for exploration, design and exploitation of sanitary-protection zones around the water sources and facilities and around the mineral water sources used for health treatment, prophylactics, drinking and hygiene needs
Ordinance No. 2 of 08/06/2011 on the issuing of permits for the discharge of waste waters in water bodies and setting individual emission restrictions to point pollution sources
Ordinance No. 5 of 30/05/2008 on the management of bathing waters quality
Ordinance No. 4 of 20/10/2000 on the quality of water intended for fishery and breeding of shellfish organisms
Ordinance No. 18 of 27/05/2009 on the quality of waters used for irrigation for agricultural products (SG 43 of 09/06/2009)
Ordinance No. 1 on monitoring of waters
Ordinance No. 12 on the requirements to the quality of surface waters intended for drinking and human consumption supply
Ordinance No. 6 of 09/11/2000 on the emission values of admissible content of harmful and dangerous substances in waste waters discharged in water bodies
Ordinance No. 7 of 14/11/2000 on the conditions and the procedure for discharge of industrial waste waters in the settlements sewerage systems
Ordinance No. N-4 of 14/09/2012 on the characterization of surface waters
Ordinance No. 2 of 13/09/2007 for protection of waters with nitrates from agricultural sources
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Health and safety legislation
The Law on Health regulates the social relations concerning the protection of the citizens' health. The protection of the citizens' health as a condition of full physical, mental and social wellbeing is a national priority and it shall be guaranteed.
The Law on Health and Safety Labour Conditions regulates rights and duties of the state, employers, employees, persons, who alone or in cooperation with other persons work for their own, other organizations and legal persons in respect of the provision of healthy and safe working conditions.
Bulgarian Secondary legislation may include:
Ordinance No. 3 of 28/02/1987 on the mandatory preliminary and periodic medical checks of workers
Ordinance No. 3 of 19/04/2001 on the minimum requirements for the safety and protection of the health of the workers when using personal protection means at their working place
Ordinance No. 7 of 23/09/1999 on the minimum requirements to the health and safety labour conditions at the working places and when working equipment is used
Ordinance No. 3 of 25/01/2008 on the conditions and the procedure for the operation of the services for occupational medicine
Ordinance No. 3 of 27/07/1998 on the functions and the tasks of the officials of the specialized services in the enterprises for organization of the implementation of the activities related to protection against professional risks and prevention of such risks
Ordinance No. 15 of 31/05/1999 on the conditions, procedure and requirements to development and introduction of physiological regimes of labour and rest during work time
Access to environmental information
The requirements related to access to environmental information are provided in the LEP and the Law on Access to Public Information.
Cultural heritage
The Law on Cultural Heritage regulates the preservation and protection of the cultural heritage of the Republic of Bulgaria regardless of its location.
The cultural heritage includes the non-tangible and tangible immovable and movable heritage as an aggregate of cultural values which bear the historical memory and national identity, and have scientific or cultural importance.
The Law establishes a system for protection of the immovable cultural heritage, namely pursuant to Article 83-85 of the Law Cultural Heritage and Article 56(4), Article 57(5), Article 62(8), Article 125(5), Article 140(3), Article 141(7)р Article 143(1)(5), Article 147(3), Article 148(8), Article 151(2), Article 169(3)(1), Article 224(1)(6) and Article 225(2)(5) of the LSD, a procedure for authorization by the Minister of Culture of investment projects and of rеquests for interventions in protected areas for protection of the cultural heritage is established. The compliance with this procedure is a pre-requisite for lawful construction.
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3 DESCRIPTION OF THE PROPOSED PROJECT
This section of an EIA Report should contain such information and level of detail as to provide reviewers, decision makers and concerned and interested parties with a complete overview of relevant features throughout all phases of the Project from its design through to its physical existence and operation. Typically, this section of an EIA Report will comprise of four main sub-sections, namely:
Description of location and land use requirements Description of design Description of the main processes; Estimation of residues and emissions resulting from the implementation of the project.
It is important to note that this section will only cover the selected alternative, while earlier considered options are presented in a separate section of the EIA Report. The following subsections mainly address the construction of a new non-hazardous waste landfill; however, the same principal structure should be followed in case where an existing landfill is to be extended.
3.1 Location and land use requirements
As mentioned above, under Bulgarian national legislation the issues related to the location and the land use in case of construction of landfills are regulated by Ordinance No. 8 on the conditions and requirements for the construction and operation of waste landfills and other installation for recovery and disposal of wastes, the LWM and the LSD.
3.1.1 Siting of the landfill
The preliminary investigation of the proposed landfill location has to provide data on the site and its surroundings and will be based on:
site specific surveys (e.g., topography, accessibility, meteorology, distance from the boundary of the proposed landfill location to sensitive receptors, etc.);
hydrological/hydrogeological/geological surveys (e.g., receiving waters of the effluent from the leachate treatment facility/waste water treatment plant10 (LTF/WWTP), ground water table fluctuation, ground water direction, ground water quality, depth to bed rock, soil type, geo-technical features, the distances from the landfill to any down gradient receiving waters (shallow and deep underground waters, as well as fresh and/or saltwater surface waters); etc.);
socio-economic studies (e.g., land use, demography, the route of direct waste haul and transfer from main generators/cities to the landfill (i.e., across existing or planned roads) as well as existing neighbouring communities likely to be affected, including farms.etc.).
Based on the above information, the site location should be checked against criteria from Box 3, if does not pose a serious environmental risk.
10 In some municipal landfill projects, the leachate and waste waters produced on the site are mixed. The resulted waste water is treated in a waste water treatment plant.
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Box 3. Negative mapping criteria
Criteria that should be considered: unstable geological areas; unstable soils; subsidence (e.g. due to mineral resources, water, oil or gas extraction); wetlands; flood prone areas; areas within a regulated distance from sensitive zones (water caption, residential areas, etc); natural depression and valleys where water contamination is likely; areas of ground water recharge and extremely high water table zone; protected habitation areas, close to national parks with scenic beauty and formerly used landfills; areas with high population, unique archaeological, historical, paleontogical and touristic interests; atmospheric conditions that would prevent safe dispersion of an accidental gas release; major natural hazards (e.g. active faults, landslides); sensitive locations (e.g. airports).
The MSs have specific legal requirements for the above criteria coming from the requirements of Annex I of LWD, respectively under Annex II of Ordinance No. 8 on the conditions and requirements for the construction and operation of waste landfills and other installation for recovery and disposal of wastes.
3.1.2 Description of project location and land requirements
Based on appropriate surveys, the description of the selected site should include information about the project area and in particular, the locations of the project components including, such as other facilities (e.g., LTF, landfill gas treatment facility (LGTF), buildings or other physical structures, pipelines, etc.), and the vicinities of the project area. It should also contain similar information in relation with the construction phase of the project and the components of the project (construction yard, work sites).
Box 4. Data regarding project location and land use requirements
Description of location location of the landfill and landfill site (geographic coordinates); surrounding topography of the proposed landfill; land use (agricultural, residential, commercial, recreation, industrial areas, tourist areas, institutions); proximity to the above neighbourhoods from the proposed landfill; land area required by the landfill (including possible future extension); size of the area required by the other components of the landfill site (e.g., reception area, special waste storage areas, leachate treatment facility, landfill gas treatment facility, etc. Construction boundaries, work sites land use of the proposed area of the construction yard and work sites; the extent of work sites; design limitations imposed by the site characteristics (including adjacent land use, topography); locations of the work sites in relation with the works envisaged by the project. If the locations have not been established yet, the EIA Report should contain proposals for those work sites. The proposals will be done considering the size and the type of the works envisaged by the project; Design limitations imposed by site characteristics land use of the site of the project/project component location; adjacent land use.
To facilitate a good understanding of the project, maps that are significant from environment protection point of view should accompany the description of project location and description of design:
- map showing the proposal in the regional context;
- map showing administrative borders of localities included in the agglomeration, agglomerations borders, WSS, borders, and the locations of the main project works (including water and waste water networks);
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- maps showing the existing land use in the area of the project/project component, and in the area of the construction yard and work sites;
For a better presentation of the site, recent pictures should be inserted.
3.2 Description of Project design
The design of landfills should ensure the compliance with the existing national and European legislation, MSs have obligations established by Directive 1999/31/EC of the Council on the landfill of waste (LWD) respectively Ordinance No. 8 on the conditions and requirements for the construction and operation of waste landfills and other installation for recovery and disposal of wastes.. In this respect, in accordance with LWD:
all waste must be treated before landfilling pursuant of Article 6. The operator of a new landfill has to demonstrate that all waste delivered to the landfill will have been adequately pre-treated11, that is considered minimum BAT for new facilities;
the specific biodegradable waste diversionary targets set by Article 5 have to be fulfiled.
In addition, the European Parliament and Council Directive 94/62/EC on packaging and packaging waste, as amended by Directive 2004/12/EC (PPWD) and the European Parliament and Council Directive 2002/96/EC on waste electrical and electronic equipment (WEEED) do have impact in the context of integrated systems when calculating the remaining waste to be landfilled, thus the required capacity of the landfill.
In accordance with IED (Annex 1): installation for the disposal of non-hazardous waste as defined in Annex II A to Directive
2006/12/EC under headings D8 and D9, with a capacity exceeding 50 tonnes per day, and landfills receiving more than 10 tonnes per day or with a total capacity exceeding 25 000 tonnes,
excluding landfills of inert wastehave to be designed taking the appropriate preventive measures against pollution, in particular through application of the best available techniques, and are the subject of integrated environmental permit.
Furthermore, the project design should also take into account the requirements to the quality of the groundwater and surface water, as defined by the River Basin Management Plan covering the water bodies where the project is planned to be located.
Main project components constructed within the boundaries of the landfill site that have to be included are presented in Box 5
Box 5. Main project components12
landfill13; reception area; weighbridge, administration and staff building; parking area; wheel cleaning unit; leachate treatment facility (LTF); landfill gas treatment facility (LGTF); temporary storage areas for waste separated from incoming flows (e.g. for hazardous waste, demolition and construction, bulky waste); temporary storage areas for waste generated by the project activities. workshop and warehouse;
11In this context, treatment means to reduce the amount of waste going to landfill or/and the impact of waste when it is landfilled through physical, mechanical, biological or chemical processes (e.g, sorting, mechanical biological treatment, removal of hazardous waste, etc.).12 It is recommended to include the capacity (when it is the case) and the covered area (m2).13 It should comply with the requirement of the Annex I of LWD as well as with the national legislation.
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stormwater/flooding protection works; access roads for the purpose of the project; fencing; other auxiliary units (when the project includes facilities for waste recycling or treatment, e.g. sorting plant, mechanical-biological treatment plant; composting plant, etc., they should be mention as well).
The key data that should be provided in the EIA Report, for the main project components, are presented in Box 1.
Box 6. Data regarding project design14
Served population/localities number, localities; initial population to be served, inhabitants; final population to be served, inhabitants; distances to served localities or transfer stations;
Landfill operation period (life time), years surface area, m2 final volume15 (landfill capacity), m3 ; number of cells; operation period (life time) for each cell, years; each cell surface area, m2; each cell volume (cell capacity), m3 ; waste generation as of the commissioning respectively closure year, t/year; estimated daily incoming waste as of the commissioning respectively closure year, t/day, m3/day; final compacted waste density in the landfill, t/m3;
liner system (groundwater protection system) geological barrier, landfill liner system components (including drainage layer) and their characteristics at the bottom and on the side slopes;
leachate generation estimated annual and daily average flow (m3/year or m3/day); estimated composition (versus time);
landfill gas generation: estimated annual or daily average flow; estimated composition (versus time);
construction techniques/ method(s) at different stages of the landfill including the nature of construction works and scale of machinery to be used;
operation techniques like everyday procedures (compaction, waste emplacement, e.g. sludge from WWTPs, earth excavation and covering, gradual/temporary capping etc.
capping description (gas drainage system, liner, water drainage system, etc.); final profile, volume and dimensions.
Accepted waste estimated composition (it has to emphasise the low content in biowaste in accordance with the LWD and national provisions); a list with the accepted waste16 (including ELW, respectively under Ordinance No. 3 on the classification of waste) should be provided; WWTP sludge from biological treatment and its water content (in accordance with the national legislation provisions that could regulate the quantities, content, etc.);
LTF treatment capacity; m3/day; leachate treatment technology: technological flow, processes; leachate storage tanks/ponds capacity;
14 Where is the case, the values of indicators/parameters will be justified by calculations.15 At the gate, the accepted waste is weighted in kg/tones. To estimate the final volume of the landfill an appropriate value of the density should be used. It depends on the moisture content and the daily compaction16 Some MS could accept other non-hazardous waste than municipal.
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evaporation ponds;LGTF
description of the collection system and number of collection wells per cell; treatment and/or energy recovery techniques for the landfill gas; commissioning dates for collection wells correlated with the gradual capping and closure of cells;
Water supply network process (for cleaning) and drinking water sources; treatment of waste water17;
Stormwater collection network covered area, water treatment and discharge; stormwater drainage on slopes;
stormwater/flood protection for the project (e.g., perimeter trench and discharge);
Closure construction techniques/ method(s) including the nature of construction works and scale of machinery to
be used; staging; operation techniques: compaction, cover installation, earth excavation, etc.; staging;
capping description (gas drainage system, liner, water drainage system, etc.) at the top and on the side slopes;
Post Closure monitoring (air, groundwater quality; cover; etc.)
Monitoring equipment environment quality monitoring equipment; operational monitoring and maintenance equipment, including post-closure monitoring;
Drawings Layouts, cross-sections, and construction details for the landfill, including
all facilities; landfill cell construction details, including liner system and capping system; leachate and landfill gas collection and management facilities; mitigation measures that will be carried out as part of the project; monitoring systems; relief maps at different operation stages (e.g. after each 2-3 years of operation, etc); construction, operation, and final closure plans.
Diagrams process flow diagram for the leachate/waste water treatment; process flow diagram for the landfill gas treatment.
If the new landfill will be a component of an integrated waste management project, additional information must be provided, depending on the relevant project characteristics.
3.3 Description of main processes
The EIA Report has to consider all landfill life stages: construction, operation, closure and post closure.
The activities developed during the construction phase of the project, concern arrangements for a construction yard, working site preparation, construction activities and, if the case, decommissioning or demolition activities.
The description of activities related to the operation phase should address issues about the operational practices, as well as about constructions related to landfill stage and carried out after starting the emplacement of waste. That section will include also issues about the maintenance of the project components. Box 7 provides an overview (not exhaustive) of the subjects to be addressed in the EIA Report in relation to the project activities.
Box 7. Project activities18
17 When the waste water is treated separately.18 Where is the case, the values of parameters/indicators will be justified by calculations.
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CONSTRUCTION19
Site preparation removal of the vegetation from the construction yard area; on site access roads; topsoil and excavation soil removal and storage, flattening of construction yard location; bulk excavation (including the estimation of the quantities/volumes); stormwater/flood protection works (temporary or permanent); accommodation facilities for the construction yard: water supply (domestic and technological if any), discharge of waste water and installations for treatment and/or removal of liquid effluents, where appropriate, electric supply, waste disposal etc.; storage facilities for the construction materials; parking and maintenance of the equipment used for construction activities; fencing of construction yard; site access roads. main equipment used; on-site temporary waste storage facilities;
Initial construction activities sequence of the activities, taking into account the type of works in project area and different type of construction activities (excavations, civil works, liner installation, leachate collection pipes lay down etc); infrastructure diversions (temporary and/or permanent); equipment, heavy machinery and vehicles, and construction procedures to be used; installation of the equipment (for LTF/WWTP, LGTF, etc); estimated characteristics of the works in terms of workforce (number) and sites (- land area occupied temporarily by materials and excavating soil; works for the protection of archaeological sites, historical monuments, or relevant material assets (if applicable); number of workers involved during construction stage;
Construction activities during operation stage gradual/temporary cover; gradual installation of the landfill gas collection system components for closed cells;
OPERATION20
Landfill waste acceptance; technological operations required for the landfill operation (waste placement, compaction, covering/capping, daily cover, etc); quality control - the efficiency of the leachate treatment processes; maintenance operations;
Leachate management collection system; temporary storage capacity;
LTF maintenance operations of the collection and treatment systems; transport, storage and handling of the leachate and the waste resulted from its treatment; on site inspection activities: pipes integrity, civil structures; quality control - the efficiency of the leachate treatment processes;
Landfill gas managementLGTF
phasing of the LGTF operation in relation with the LG content; maintenance operations of the collection and treatment systems;
Water supply network on site inspection activities: equipment, pipes integrity, civil structures; maintenance activities
Stormwater collection network
19 The operational (sequence) planning for construction stage should be attached.20 The operational (sequence) planning for operation stage should be attached. It will include fill sequence, soil management, excavations (for periodic cover), access,etc.
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on site inspection activities: equipment, pipes integrity, civil structures; maintenance activities
Drawings and flow diagrams leachate/waste water treatment plant(s); sludge treatment facilities.
CLOSURE21
Site preparation preliminary investigations;
temporary sealing till the final capping; installation of the landfill gas collection equipment;
Closure technological operations required for the landfill closure (installation of gas drainage system, liner, water
drainage system, etc.); staging of the closure operations; monitoring;
POST CLOSURE monitoring of:
- leachate and gas production;- air and ground water quality;- slope stability.
monitoring and maintenance of cover; cover remediation activities.
For the above presented activities, the materials intended to be used (including those that may be harmful to the human health or for the environment) should be presented, both for the construction and operation phases of the project.
The following issues regarding the materials intended to be used should also be addressed:- materials: types and quantities;- storage facilities and their locations;- handling conditions.
21 The operational (sequence) planning for closure and postclosure stages should be attached. It will include phasing, soil management, excavations, access, etc.
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3.4 Estimation of residues and emissions resulting from the implementation of the project
Estimation of the residues and emissions should be done considering the project components, equipment and construction techniques, respectively the specific operation activities, and corresponding materials, which are intended to be used.
Box 8. Estimation of emissions and residues
CONSTRUCTIONEmissions
liquid effluents: sources, characteristics (estimated composition, flows/quantities); gas emissions/odours: sources, characteristics (estimated composition, flows/quantities); dust emissions: sources, characteristics (estimated composition, flows/quantities); noise generation (sources and intensity in decibels) and vibration.
Waste types of waste, e.g. materials resulted from excavation/ dredging not being used for backfilling, humus layer, contaminated soils or other materials, household non-hazardous waste, hazardous waste, waste resulting from construction; characterisation of waste22(estimated quantities, hazardous properties, ELW codes(including ELW, respectively under Ordinance No. 3 on the classification of waste) waste management: temporary storage, transport, and the final destination (reuse, recycling/recovery, landfill and/or incineration).
OPERATIONEmissions
liquid wastes (leachate, concentrate): estimated composition, concentrations, flows/quantities liquid effluents: characteristics (sources, composition, concentrations, flows/quantities) e.g. LTF effluent; gas emissions: sources and characteristics (estimated composition, pollutants’ concentrations, flows/quantities), e.g. emissions generated by:- landfill23: methane, volatile organic compounds, odours, etc; - flares, - LTF (e.g., during biological stages)- waste collection tracks (dust, NOx, benzene, etc.); dust emissions: sources, characteristics (pollutant concentrations, flows/quantities); noise generation (sources and intensity in decibels) and vibration; offensive odours.
Waste types and sources of waste, e.g.: waste generated by the LTF like concentrate (from reverse osmosis), sludge (from biological processes), sludge/sediment from leachate storage, etc. hazardous waste; special wastes (WEEE, bulky wastes, construction and demolition waste, etc.) waste characteristics (estimated composition, humidity, hazardous properties, ELW codes); estimated quantities of each type of waste e.g. daily or/and annually production; waste management: temporary storage, transport, and the final destination (reuse, recycling/recovery, landfill and/or incineration.
CLOSURE, POST-CLOSUREEmissions
emissions (similar with operation stage).
22European Waste Catalogue list of waste descriptions established by Commission decision 2000/532/EC (amended by Decisions 2001/118/EC, 2001/119/EC and 2001/216/EC).23 Models could be used, e.g., US EPA LandGEM (Landfill Gas Emissions) Model for estimating emission rates of landfill gas. LandGEM is an automated estimation tool with a Microsoft Excel interface that can be used to estimate emission rates for total landfill gas, methane, carbon dioxide, nonmethane organic compounds, and individual air pollutants from municipal solid waste landfills.
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4 AN OUTLINE OF THE MAIN ALTERNATIVES STUDIED BY THE DEVELOPER
The development and assessment of alternatives is a requirement under Annex IV(2) of the EIA Directive, which specifies that information provided by the developer according to Article 5(1) of that Directive (i.e. the EIA Report) should include ‘an outline of the main alternatives studied by the developer and an indication of the main reasons for this choice, taking into account the environmental effects’.
Alternatives are essentially different ways in which the developer can feasibly meet the project’s objectives, for example by choosing an alternative route or adopting a different design or technology for the project. At the more detailed planning level, alternatives merge into mitigation measures where specific changes are made to the project design or to methods of construction or operation to avoid, reduce or remedy environmental effects.
In the case of municipal waste landfill alternatives would usually be assessed in terms of:- alternative location;- alternative design/technologies for the project/main project components.
Pursuant to Article 96(1)(2) of the LEP the developer is required provide in the EIA report information related to “alternatives of siting (including schemes and bearings of typical points within the established national coordinate system) and/or alternatives to the technologies as studied by the initiator and reasoning of the choice of study made, considering the environmental impact, including a "zero alternative"”. The “zero alternative” is defined in point 26 of the Additional Provisions to the LEP as “the possibility not to implement the activity provided for in the development proposal.”
4.1 Main alternatives studied by developer
Alternative options are usually identified and assessed at the early stages of project development, which clearly represents the most effective strategy for impact avoidance and mitigation.
The key issues for municipal waste landfill projects that should be taken into account for the proposed alternatives include but are not limited to:
- the environmental objectives set out in the Strategic Environmental Assessment carried out for regional/urban land use and development plans;
- the requirements set out in land use and development plans, for example, those in relation with the proximity to other existing and future developments, utilities, etc.
- existence of natural constraints related to topography (e.g. mountains; deep valleys), site geology, hydrogeology and hydrology related aspects;
- constraints induced by protected areas locations (e.g. recommendations of Appropriate Assessment24 carried out for a Natura 2000 site);
- existing waste management infrastructure in the area and in the region;- proximity to cities, towns and villages, potentially posing development constraints;- population density;- proximity to/interference with transport infrastructure (roads, railways);- proximity to/interference with water and waste water infrastructure- proximity to/interference with important utility grids (e.g. power, gas);- development constraints (e.g. a particular land use; restricted areas);- contaminated sites;- land ownership issues;- interference with scenic routes, or areas of natural beauty.
Where a considered alternative has the potential to affect a protected area included or proposed to be included in the Natura 2000 network, the developer needs to carry out an assessment of the likelihood
24According to Habitats Directive 92/437EEC
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impact of the project on Natura 2000 sites, as stipulated in Article 6(3) and (4) of the Habitats Directive at this stage. The results of the Appropriate Assessment must be considered during the EIA, and summarised, including conclusion, in the EIA Report.
The alternatives considered should be relevant and reasonable in terms of the project context. Some examples of alternative locations and design, for the main components of the project are presented in Box 9.
Box 9. Alternatives for landfill project
Alternative locations Landfill alternative sites;Alternative design Landfill capacity;
number of cells/dimensions; lining system/layers; closure systems;
Leachate treatment leachate treatment technology; discharge point of effluent resulted from LTF;
Landfill gas collection and treatment
type of gas collection system; gas treatment/recovery technology; energy recovery.
Alternative processesResources technological/drinking water sources (e.g., from the local network, from
underground, using the treated water, etc.);LTF wastes treatment
sludge: landfilling, incineration, etc.; concentrate from reverse osmosis: incineration, evaporation, recirculation on
landfill, etc.;Alternative schedulesOperation operating hours (e.g., 7days x 24 hours, 6 days x 8 hours, etc.)
Drawings, flow diagrams and/or map illustrating the alternatives will be included.*
As already mentioned above, under Bulgarian national legislation the compatibility assessment may be integrated into the EIA and within one joint procedure. It can also be carried out as a separate assessment. The CA Ordinance distinguishes in Articles 39 and 40 respectively between the cases when EIA is compulsory under the LEP (Annex I projects) and when it is not mandatory. In any case when it is deemed that EIA would be necessary the EIA and the CA are carried out together/in parallel. The competent CA authority is obliged to define the scope of the CA report, including as regards the alternatives to be assessed. In that sense the alternatives should be assessed both from the point of view of EIA and specifically as part of the CA, as this is a requirement under the relevant EIA and CA legislation. Of course, Bulgarian national legislation does not limit the assessment of the alternatives only to those identified by the developer. These are also subject to scrutinity during the assessment of the quality of EIA report and the annexed to it CA report. Moreover, as long as Bulgarian law goes beyond the requirement of Article 6(3) and (4) of the Habitats Directive, by making consultations with the competent nature protection authorities and with the public mandatory step of the CA procedure, also provision is made that the alternatives identified at this stage (if such are presented with comments and opinions of the consulted competent authorities and the public) should be assessed.
4.2 Baseline scenario
The existing environmental conditions (including human beings), taking into account the choice of not developing the project, should be described in the Baseline Scenario or the so-called "Zero Intervention Scenario.”
Thus, the potential negative effects on the environment should be identified, based on the identification of deficiencies due to the existing situation (e.g., failure to comply with regulatory requirements).
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4.3 Alternative selection
The information given in this section of the EIA Report will be of such detail as necessary to document the selection process for the preferred alternative in a comprehensible and transparent manner. For this purpose the EIA Report needs to provide reviewers with a summary of the main elements of the analysis that were used to compare the different options / technical alternatives.
The alternative selection is carried out in the early stages of project development with the objective to evaluate and compare feasible development options taking account of several criteria such as technical/engineering, economic, social and environmental. Each criterion is usually expressed by a number of relevant parameters with their associated indicators. The ultimate comparison and selection of the preferred alternative should be made based on weights that are attributed to each of the key criteria according to their relative importance.
As mentioned in Section.4.1, the proposed alternatives can refer to several options that should be compared by quantifying of the significant positive and negative effects, and taking into consideration the “Baseline Scenario”.
The option for an alternative should be justified considering more criteria, such as: Environmental criteria: a low adverse environmental impact, considering that the mitigation
measures envisaged could be able to reduce the residual impacts to acceptable levels; Technical criteria: performance of design, enhanced processes/technologies proposed, etc.; Financial and economic criteria: investments cost of the materials, disposal costs of waste
resulted from leachate treatment, benefits from energy recovery, maintenance costs, etc.; Social criteria: living conditions in the project area, the local economical activity in the project
area, etc.
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5 DESCRIPTION OF BASELINE CONDITIONS (EXISTING ENVIRONMENT)
The components of the environment that are likely to be affected by a municipal waste landfill project (during its construction, operation, closure and post-operation phases), in particular include physical receptors (air, water, soil, climate), biological receptors (flora, fauna), the human environment (human beings, material assets, cultural heritage and landscape) and the inter-relationship of these receptors.
For the EIA Report the description of the existing environmental conditions should provide such information as needed to facilitate the identification and evaluation of the likely significant effects on each receptor. In current practice this description is grouped along the following criteria as explained in more detail below:
context (project area of influence/study area); character (information to be provided for each environmental component); the significance and sensitivity of each of the relevant components/receptors; and sufficiency of data.
An EIA Report should include a concise description of the existing environmental conditions that are relevant to the project, with references to studies, reports, field surveys, monitoring records, etc., which have to be added as an appendix to the EIA Report. The description of the baseline information should be focused only on those aspects, which are relevant to the environmental components and could be significantly affected by the project implementation.
The overview of the existing environment should give the information that can be considered as a starting point for a good assessment of the project’s effects, and for the monitoring of project implementation.
5.1 Context
The establishment of appropriate information on the existing environment requires knowledge on the project area of influence or context, i.e. on the spatial extent, timing, frequency and duration of significant impacts that the project is likely to cause. This context needs to be established for all key activities of the project and their associated significant impacts25 and for each of the affected components of the natural and the built and inhabited environment.
A simple practical approach for establishing this context is to map the various activities/project components and their respective effect areas and boundaries.
The extension of the area of influence may differ from one project phase to the next one. Therefore it is important that the potential areas that may be affected by the proposed project to be identified and the baseline conditions description should make reference to them.
5.2 Character
An accurate description of the existing environment (‘baseline’) is necessary to predict the likely significant impacts of the proposed development. The methodology used in undertaking baseline investigations should be well documented to facilitate an understanding of the information and any assumptions made and to ensure that the results of later monitoring can be referenced.
Descriptions should, in the first instance, rely upon published reference to ensure objectivity. Some standard sources of such information are listed in Box 10.
25Note that these effects or impacts will have to be described in terms of their character and duration, e.g. permanent, temporary, short, medium or long-term; continuous, intermittent, or occasional; reversible or irreversible
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Box 10. Standard Sources of Environmental Baseline Information
topographic maps; aerial photographs/Google Earth; technical information from local, regional and national authorities or from scientific literature
(reports, monitoring data and thematic maps, e.g. on soils, geology, climate; hydrology, water quality, protected areas, zoning plans, inventories of protected features of cultural or historic importance, etc.);
scientific and technical reports/publications; other EIA Reports prepared for projects in the same region/area; SEA reports of a relevant plan or waste management plan or programme; publications from professional, research and NGO organizations.
All sources of information (maps, illustrations, statistical and technical data, monitoring data, specialist statements etc.) must be up to date and adequately referenced. As a rule, maps and figures should be of good quality and easy to read.
The information provided in this section of an EIA Reports should be possibly concise rather than reflecting the amount of environmental data that may be available on a specific issue or for a given area. The guiding principle is to provide such base line as required to assess the sensitivity of a specific environmental component or function with respect to the subsequent impact assessment and decision making. Where specific critical issues have been identified at the scoping stage additional detailed information need to be presented.
The below list includes several issues with regard to the environmental baseline conditions; the EIA Reports should detailed those that are relevant for the proposed project and for the necessary corresponding mitigation measures.
5.2.1 Water and Groundwater
relevant information on water bodies from strategies/plans at national or regional level (e.g., quality targets for groundwater and surface water bodies, set for the project area through River Basin Management Plans);
surface water bodies in the project area and in its vicinity:- discharge points of effluent from LTF in the water body;- data26 about the water body receiving the LTF/WWTP effluent (e.g., physical and
chemical parameters, flows/volumes, seasonal variations of surface water bodies with regard to the quality parameters and flows);
existing or planned drinking water protection and catchment areas; groundwater in the proposed project area and in its vicinity:
- nature and location of the aquifers;;- data27 about flow value and its seasonal variations, flow direction;- data28 about quality (e.g., physical and chemical parameters); if existing pollution or
contamination hazards have been identified in the groundwater in the project area, additional data will be included;
- water table depth and its seasonal variations; sanitary restricted area in the vicinity of the proposed project area; information about the existence of the recharging areas as well as about the use of ground water
downflow; maps: river basin catchments map and indication on the map of the project location.
26 The data should come from actual field measurements of future monitoring points, providing reliable and safe background measurements before project implementation27 Idem28 Idem
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5.2.2 Soil and Geology
project area topography (maximum and minimum elevation, and maximum and minimum gradients);
pedological features of the project area; geotechnical features of the project area, usually provided by a hydrogeological study; soil contamination in the project area; any previous or recent investigations, and the comparison of
investigations conclusions with the land use requirements; soil degradation in the project area: surface erosion, depth erosion, landslides, soil settlement –
compacting; maps showing the topography of the area as well as pedological and geological features of the
region are useful for a better understanding of soil and geology aspects.
5.2.3 Air and climate
climate and atmospheric conditions: precipitation, evaporation, wind directions and frequency of occurrence, temperature, seasonal variability;
projected increase in extreme weather conditions, such as prolonged dry periods, rainstorms, heavy snowfall, etc.;
data on existing air quality in the project area; sensitive receptors to air quality in the project area and neighbourhoods; data related to nuisance caused by odours and recorded complaints from the public regarding
offensive odours in close proximity to the proposed location; records of exceeded concentrations of dust, sulphur dioxide, nitrogen oxides, sulphur dioxide,
hydrogen sulphide, ammonia and/or methane.
5.2.4 Human beings
administrative locations in the project area; geography of the project area; current and future residential areas (as stated in the plans of land use and urban/rural
development); distances from the borders of the proposed development to residential, commercial and
recreational areas, institutions and other sensitive receptors; occupation, activities related to inhabitants of the project area; where relevant, indication of the
time, duration or seasonality of any of those activities (e.g., farmers during land farming, harvesting time);
disease rates related to air, ground water use in project area, risks on human health; noise-sensitive locations of the project area and the vicinity of the main proposed works; noise levels in works locations; maps: physical /administrative maps - indicating the locations of sensitive receptors and distances
to them.
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5.2.5 Fauna and flora
description of the vegetation of the project area and its vicinity:- habitats or plant communities, locations of sensitive or rare species;- dominant species, species’ diversity, dependence on particular environmental factors, existing
management;- principal habitats, significant locations for breeding, sites for survey/trapping;
description of the fauna of the project area and its vicinity:- diversity, estimated population size or density of fauna, existing management;- special requirements: territory size, habitat quality, current management, lack of disturbance;- presence of any habitat, plant or fauna species that is internationally, nationally, regionally or
locally rare, especially protected species;- the importance of water as a habitat in the region, especially for the areas located downstream
to the discharging the effluent of LTF/WWTP. Natura 2000 sites in the project area and its vicinity:
- Natura 2000 sites identified (name and code of Natura 2000 site), locations, distances from the sites to the border of proposed landfill location, species and habitats of community interests in the site, site management;
- description of the Appropriate Assessment procedural stages carried out under Article 6 of the Habitats Directive (if applicable);
natural protected areas other than Natura 2000 sites identified in the project area and its vicinity; maps showing the main characteristics of project area for the above-mentioned aspects.
5.2.6 Landscape
characteristics and geomorphology of the proposed site landscape and surroundings; view of the work locations from adjacent properties and public areas particularly where these are
sensitive (e.g. residential, recreational or touristic areas); land development and use plan requirements and regulations for project area in relation with
landscape; maps showing the main characteristics of project area for the above-mentioned aspects.
5.2.7 Material assets
cities, towns, villages and settlements in the project area; utilities in the project area (water supplies, waste water collecting system, power systems, canals
etc); industry, economic objectives in the project area; residential, tourist and recreational areas in project area and in the vicinity; isolated public & private objectives for residential, commercial, industrial, recreational or social
purposes (individual properties for housing, schools, camping and other recreational plots including hospitals, zoo parks, facilities for old people);
land development planning requirements and regulations for the project area; maps showing the main characteristics of project area for the above-mentioned aspects.
5.2.8 Cultural heritage
architectural, archaeological heritage in project area or in the vicinity; important architectonical or archaeological objectives located the vicinity of works proposed by
project; distances to these objectives will be specified (a map showing the objectives locations will be provided);
restrictions, special conditions imposed by national and local authorities;
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A list of all information sources should also be provided.
5.3 Significance
The significance of areas or sites (not to be confused with the significance of impact) is determined by the designation, quality or value that is assigned to this aspect of the existing environment. Questions to be addressed here are: Is the site or area protected/planned to be protected by legislation (international, national, and
local) or by designation for its ecological, landscape, cultural or other value? Are there important water uses of receiving water body (e.g. raw water abstraction for drinking
water production, irrigation, fisheries, recreation etc.), in the project area and downstream? Is the site or area renewable, unique, or replaceable? Is the site or area scenic, ordinary or derelict?
5.4 Sensitivity
The sensitivity of an area, site or function relates to the question whether the permanent, temporary or accidental effects caused by the project would significantly alter the character of a relevant environmental factor, for example: Would downstream water users be affected by treated leachate discharged into receiving river? Would the soil degradation be accentuated (e.g. by erosion) in certain areas by performing the
construction activities? Would the residential areas next to the landfill be affected by the odours released by the
landfill or other on site facilities?
5.5 Sufficiency of data
Data and information provided in the EIA Report must be of such quality and completeness as to allow the competent authority to make a sound and informed decision on whether to grant or withhold consent to develop the project. Criteria that may guide the assessment of sufficiency of data contained in an EIA Report are:
Is the information that is necessary for identification of the main effects available? Is the information that is required for the assessment of the main effects available? Is the information focused on the effects, which are likely and significant?
The certainty or confidence which the information provides is a good basis for evaluating the quality of data. Where information provided in an EIA Report is incomplete, it must be clearly indicated that the missing information was not withheld intentionally. This approach will ensure that all parties are aware of the incompleteness and of the fact that the decision will be qualified or conditioned on the information being provided at a later stage.
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6 DESCRIPTION OF THE LIKELY SIGNIFICANT ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES
The projects concerning the development of municipal waste landfill have significant positive effects, such as:
- positive effects on the quality of the groundwater by reducing the leachate infiltration into the soil;- positive effects on the visual amenity by reducing the quantities of dumped wastes.
Despite of its (regional) positive effects, a landfill project requires consideration of possible negative implications (local).
6.1 Prediction of the likely significant impacts
The prediction of the likely significant effects should be done by considering the environmental baseline conditions and, their description should cover “the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the project”29.The parameters taken into consideration in impact prediction and decision-making have to include the following characteristics of the environmental impacts:
- nature (positive, negative, direct, indirect, cumulative); - magnitude (severe, moderate, low); - complexity;- extent/location (area/volume covered, distribution), local, regional, global, transboundary nature
of the impact;- stage (during construction, operation, closure, post-closure);- duration (short term, long term) and timing (immediate, delayed, rate of change); - frequency (intermittent, continuous, periodic);- reversibility/irreversibility; - likelihood (probability, uncertainty or confidence in the prediction); and - level of significance.
The likely significant effects of the different project activities during construction, operation and decommissioning phases should be identified in this section of the EIA Report. Various methodologies could be applied for assessing environmental impacts having the following steps:
1. impact definition - identify impacts in the context of the baseline conditions and create a preliminary matrix of potential environmental impacts (positive and adverse), of different project stages on environmental parameters;
2. assessment of significance of identified impacts - interpret impact significance based on a ranking method (for example based on spatial, temporal and intensity parameters) for the adverse impacts from the preliminary matrix;
3. assessment of cumulative impacts;4. assessment of trans-boundary impacts;5. selection of mitigation measures - select the moderate and major impacts as likely significant
impacts and proposed mitigations measures; present them in a table for every environmental component and project phase;
6. assessment of residual impacts.Some examples, related to frequent adverse (negative) effects and measures for their mitigation are presented in the following subsections.
29 EIAD, Annex IV and Article 96 of the LEP.
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6.2 Description of the likely significant environmental effects and their mitigation
The next sections present a selection of likely significant environmental impacts and related mitigation measures for municipal waste landfill projects. The following tables may thus be used as a checklists for likely significant effects of the project.The selection of the mitigation measures has to be based on the mitigation measures hierarchy considering the following options, as several EU directives refer (i.e. the Habitats Directive):
avoid and/or reduce at source – the cause of impact is redesigned or altered mitigation at source (in-situ) – “end-of-pipe” measures (on-site measures) mitigation at receptor – implemented when impact cannot be avoided on-site and off-site
measures have to be implemented compensation - compensation for the loss, damage and the general intrusion when other
mitigation measures are not possible or fully effective.The higher-level measures are usually cheaper, more politically acceptable, preventive/precautionary, and with fewer social/equity implications than the lower level ones.
Some mitigation measures are adopted in the early stage, of designing by choosing of less pollutant technologies, and others are expected as part of good international practice.
Pursuant to Article 96(1)(4) and (6) of the LEP, the EIA report should provide:
a description, analysis and assessment of the potential significant effects on the population and the environment resulting from implementation of the development proposal and information on the use of natural resources and emissions of harmful substances in normal circumstances and in an emergency, generation of waste and creation of nuisances
a description of the measures envisaged to avoid, reduce and, if possible, remedy significant adverse effects on the environment, as well as a plan for implementation of the said measures.
Pursuant to Bulgarian national legislation, i.e. Article 96(1)(6) of the LEP the EIA report should contain “a description of the measures envisaged to avoid, reduce and, if possible, remedy significant adverse effects on the environment, as well as a plan for implementation of the said measures”. The plan for the implementation of the mitigation measures should be presented in the table format as given in Annex 2a of the EIA Ordinance:
TEMPLATE FOR A PLAN FOR IMPLEMENTATION OF THE MEASURES
No. Measures Period/Phase of the implementation Result
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6.2.1 Water and groundwater
Box 11. Likely significant effects on water and groundwater, and their mitigation
Likely significant effects Mitigation measuresCONSTRUCTIONDisturbance of groundwater level as a result of excavation works.
safe drainage and evacuation of the pumped groundwater, in order to avoid possible suffusion phenomena;
Pollution of surface water bodies through storm water runoff from construction yard and/or working site, in case of inappropriate facilities for storage of construction materials, hazardous substances, fuel, lubricants and waste.
procedures for the storage and handling construction materials, hazardous substances, fuel, lubricants and waste; storage fuels, lubricants and chemicals in proper storage facilities (restricted access, sealed packages); tanks for fuel storages leak-proofed and installed on impermeable surface; in the case of incidental spills collecting
recipients, absorbent material and fire fighting equipment shall be provided; covering construction material stockpiles (with tarpaulin or similar).
Groundwater pollution through the infiltration of accidental spills (e.g. fuel and lubricants, hazardous substances) because of improper storage facilities, refuelling operations or handling operations.
storage of fuels, lubricants and chemicals in proper storage facilities (restricted access, sealed packages); procedures for storage and handling of the construction materials, hazardous substances, fuels; fuelling of the vehicles and equipment at workshops/sites with adequate leakage prevention (e.g. impermeable
surface, settlers and oil separator); emergency procedures and contingency plans for accidents, breakdowns, spills, etc.;
OPERATIONGroundwater pollution through leachate infiltration as a result of liner system failure/damage
compliance with design and construction requirements for liner system; regular monitoring of groundwater in order to timely detect any failures, and take appropriate remedial action; an emergency plan for pollution events due to liner failure; ; a monitoring programme for groundwater through up and downstream monitoring wells,
Groundwater pollution through infiltration of leakages as a result of damage occurrence of civil structures, platforms, pipes etc., which are located at the landfill
regular inspections in order to timely detect any failures, and take appropriate remedial action; an emergency plan for pollution events and damages on civil structures, platforms, pipes; compliance with construction requirements for storage wastes like sludge or concentrate; a monitoring programme for groundwater through up and downstream monitoring wells,
Groundwater pollution through infiltration of leaks into the soil, during certain activities (e.g. vehicles refuelling and/or washing).
restriction of such activities in the absence of appropriate facilities; for emergency situations, strict control and prevention measures should be applied.
CLOSURE/POST-CLOSUREGroundwater pollution through leachate infiltration as a result of liner system failure/damage
See above mitigation measures for similar events during operation.
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6.2.2 Soil and geology
Box 12 Likely significant effects on soil and geology, and their mitigation
Likely significant effects Mitigation measuresCONSTRUCTIONSoil degradation after humus layer removal. topsoil removal and storage in separate piles and reinstallation after refilling of the trenches, to enable natural re-
vegetation; soil stripping and clearance of vegetation to be done parallel to contour lines, starting from high to low ground; utilisation of appropriate machinery for land clearing to minimize disturbance to the soil;
Soil erosion (especially the areas situated in sloping areas) through:
- excavation works leading to soil instability and landslides;
- removal of vegetation, earthworks and the use of heavy machinery during construction activities.
restriction as far as possible the execution of major earthworks during rainy season; drainage of work sites to facilitate run-off discharge, and if possible, treatment for reducing silt loading
(sedimentation); re-vegetation of work sites, including in particular erosion-prone areas (e.g. hill sides);
Temporary land use change. re-vegetation after work site closure;Depletion of raw materials (clay and gravel) at extraction site
take into consideration replacing of natural materials with artificial ones;
Soil pollution at work site due to the accidental spillage of fuels and lubricants during fuelling and cleaning of vehicles and equipment used for construction activities.
parking area arrangements for equipment and vehicles involved in construction activities (e.g. impermeable surface);
maintenance, fuelling and cleaning of vehicles and equipment done at workshops/sites with adequate leakage prevention (e.g. impermeable surface, settlers and oil separator);
storage of the fuels, lubricants and chemicals in appropriate storage facilities (restricted access, sealed recipients); tanks for the fuel storages leak-proofed, and installed on impermeable surface; in the case of incidental spills
collecting recipients, absorbent material and fire fighting equipment shall be provided; proper maintenance of the transport and construction equipment; clean up procedures for the equipment and contaminated soils.
Soil pollution at the working sites by accidental spillage of chemicals, and by infiltration of leachate from uncontrolled deposits of waste.
storage of chemicals in appropriate facilities (restricted access, sealed floor, sealed recipients);and proper maintenance of the storage facility; clean up procedures for the equipment and contaminated soils.
Failure of infrastructure such as pipes or concrete foundations because of the corrosive nature of the soils.
appropriate construction procedures and construction materials use to manage the potentially dispersive and corrosive nature of the soils on site.
OPERATIONSoil pollution through leakages because of damage of liner system, pipes, basins, structures.
proper installation of the liner system; geomembrane protection by covering in accordance with manufacturer recommendations;
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use of adequate vehicles and equipment (compactors, bulldozers) for waste movement and compaction in landfill; periodic control and maintenance of pipes, basins, structures; emergency procedures and contingency plans for accidents, breakdowns, spills, etc.;
CLOSURE/POST-CLOSURE
Permanent land use change. rehabilitation of the yard, roads, borrow pits; re-vegetation after closure;
Soil pollution through leakages because of closure system failure
regular monitoring of closure; proper maintenance of closure.
Cover degradation walk-over controls to identify possible failure of the landfill cover; walk-over controls are important to ensure suitable land use; emergency procedures and contingency plans for cover failure remediation.
6.2.3 Air and climate
Box 12 Likely significant effects on air and climate, and their mitigation
Likely significant effects Mitigation measuresCONSTRUCTION Air pollution - fugitive dust emissions during construction from the working site (by vehicles, earthworks, and due to the wind erosion from open areas and stockpiles.
prevention of the dust through water sprinkling, during dry weather; daily cleaning of the access ways;
Air pollution through emissions from vehicles and construction motor equipment
regular inspections of the vehicles and equipment; limitation of working hours for the works located in sensitive locations.
Increase in ambient noise level avoid crossing of the urban area and sensitive locations – alternative routes for materials transport; use proper fixed and mobile equipment ; use of noise barriers (vegetal curtains) and ensure sufficient distance to receivers; control of the time periods during which noise occurs.
OPERATIONContribution to Greenhouse gas (GHG) emissions (methane, carbon dioxide)
install and operate a landfill gas collection system for reducing methane emission by burning with (in boilers, internal combustion engine or gas turbine) or without (flares) energy recovery; system operation has to start soon after the quantities of landfilled waste will allow it;
avoid rainwater entering the landfill (temporary and final cover);Degradation of air quality by air emissions (odours, exhaust gases, dust produced at work sites, as well as resulted from the transport of raw and waste materials
prevention of the dust through water sprinkling, during dry weather; daily cleaning of the access ways; regular inspections of the vehicles and equipment; use proper equipment;.
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Likely significant effects Mitigation measuresDegradation of air quality by volatile organic compounds/odour generation by landfill and leachate treatment
daily/periodic earth cover of tipping areas; avoid rainwater entering the landfill (temporary and final cover); planting of vegetation (trees and plants of varying heights forming a windbreaker) at the borders of the landfill site;
Degradation of air quality by flue gases from LGTF (NOx, CO, SOx)
install a proper control gas system;
Increase in ambient noise level avoid crossing of the urban area and sensitive locations – alternative routes for waste transport; use proper fixed and mobile equipment ; use of noise barriers (vegetal curtains) and ensure sufficient distance to receivers.
POST-CLOSUREAir pollution through emissions from damage cover emission treatment plants must be operated for a limited period after closure;
walk-over controls to identify possible failure of the landfill cover.
6.2.4 Human beings
Box 12 Likely significant effects on human beings and their mitigation
Likely significant effects Mitigation measuresCONSTRUCTION Disturbances and nuisances to the public, through air emissions (dust produced at work sites, as well as resulted from the transport of raw and waste materials)
See mitigation measures recommended in Section 6.2.3, for similar causes of air pollution and odour from construction activities..
Discomfort for the inhabitants due to the noise generated by traffic.30
interdiction of traffic/construction at night and restrictions on limits on hours of rest in sensitive neighbourhoods; restrictions of speed limit and of tonnage for heavy vehicles passing through residential areas; proper maintenance of vehicles for quiet operation.
OPERATIONGround water contamination due to development of potential pollution or liner system failure
See recommendations in Section 6.2.2 for mitigating the generation of soil pollution from operation activities.
Disturbances and nuisances to the public, through the offensive odour generated by the operation of landfill and LTF/WWTP
See recommendations in Section 6.2.3 for mitigating the degradation of air quality from operation activities.
Disturbances and nuisances to the public, through air emissions from waste haulers
See recommendation in Section 6.2.3 for mitigating the degradation of air quality from operation activities.
Litter, vermin and pests proliferation transport with closed haulers; if open vehicles or containers are used, they will be secured with a net or tarpaulin
30 It is considered that the new landfill site is at a sufficient distance of noise sensitive human receivers.
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Likely significant effects Mitigation measuresto prevent littering;
litter containment by high wind fences installed around the site; daily earth cover of tipping areas; regular inspections and treatment for pest control improved drainage of wet areas;
Overpopulation of birds on landfills adequate landfill operation (small tipping areas, compaction, and earth cover)Health risks from major hazards (explosions, fire, gas diffusion through soil) associated with the landfill;
use of personal protective equipment and seasonal working outfits; CH4 emission control; landfill gas collection;
POST-CLOSUREGround water contamination due to development of potential pollution or liner system failure
proper installation of the liner system; periodic monitoring of the underground water quality (monitoring wells); emergency procedures and contingency plans for liner failure.
6.2.5 Fauna and flora
Box 12 Likely significant effects on flora and fauna, and their mitigation
Likely significant effects Mitigation measuresCONSTRUCTION Affecting fauna species that have seasonally variable vulnerability due to, for example, breeding, critical feeding times or seasonal migrations
restriction and re-schedule of construction works taking place during the breeding seasons.
Change of the covert and food places for fauna species, with habitat in the works area, because of disturbance produced by construction activities.
limiting the speed of the heavy vehicles in sensitive areas; noise mitigation measures e.g. noise vegetal curtains, use of low noise and vibration equipment; train the workers regarding the provisions of the biodiversity protection legislation and the appropriate mitigation
measures;Total or partial destruction of the vegetation in works areas (soil stripping, vegetation cuttings and clearness);Low ability to recover of the fauna species (either naturally or with assistance) from the habitat disturbance.
conservation of trees and other vegetation as much as possible; an inventory of trees to be cut down shall be made and a plan for replanting will be developed and implemented; avoid cutting down the trees; clearing and cutting of trees shall only occur with the appropriate authority’s consent; after any intervention that may disturb natural sites: ecological restoration through environmental engineering
(restorations, rehabilitation) shall be undertaken, including restoration of top soils;
OPERATIONAlteration of habitats or the species, modification or destruction of migration routes for terrestrial and aquatic fauna because of the land use change.
compensatory planting or restocking of indigenous species; carry out the efficient elimination of any eventual spreading of the dangerous invasive species ; creating opportunities for fauna migration or provision of new habitat;
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Likely significant effects Mitigation measures monitoring the affected protected area for a certain period (e.g. 2-3 years), recommended at the beginning and at
the end of vegetation period; if any restoration of the flora elements failed, certain corrections and additional planting plan should be started
Aquatic environment alteration caused by changes of water characteristics (physical, chemical, and biological) caused by LTF effluent discharge (e.g., large effluent from reverse osmosis installation) in a small body of water.
use on site the effluent after from reverse osmosis; avoid to discharge the effluent into the surface water body and find and alternative way of use/discharge;
POST-CLOSUREDamages of plants and grass cover and surroundings because of the landfill gas
emission treatment plants must be operated for a limited period after closure; walk-over controls to identify possible failure of the landfill cover and ; control of the gas collection system.
In addition, in the case of protected sites located on project area or its vicinity: if an Appropriate Assessment was carried out, the EIA Report should include its findings -the significant effects predicted, mitigation and/or compensation measures recommended.
6.2.6 Landscape
Box 16 Likely significant effects on landscape and their mitigation
Likely significant effects Mitigation measuresCONSTRUCTION Visual disturbance from construction yard location and through the traffic associated with the construction activities.
restriction of the size of construction sites; conservation of vegetation around the construction yard (if present) as much as possible in order to serve as
vegetal curtain; adequate organization and maintenance of the construction sites through good housekeeping; restoration of construction sites directly upon completion of works (deadline is recommended to be provided).
OPERATIONVisual disturbance on the area, in particular visibility from recreation area, tourist area, residential area etc.
visual curtains of trees (e.g., close to the roads, based on the vertical line of sight of driver vision);
POST-CLOSUREVisual disturbance on the area, in particular visibility from recreation area, tourist area, residential area etc.
re-vegetation of the site combination of different uses for the site, (e.g. nature conservation areas with parks for informal recreation and
education for local communities).
6.2.7 Material assets
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Box 12 Likely significant effects on material assets and their mitigation
Likely significant effects Mitigation measuresCONSTRUCTION Damage to other infrastructure (roads, water supply pipelines, drains, buildings, utility lines, etc.), and therewith lead to a (temporary) disruption of certain public services
avoid interference with other infrastructure;
Temporary disturbance to residential and other sensitive receptors (hospitals, schools etc) through generation of noise
choose routes avoiding passing through residential areas;
Damages to civil works because of vibration produced by vehicles for material transport
choose routes avoiding passing through residential areas;
Land use change minimise the disturbed area occupied by the project; restored the soil productivity (in the area not covered by constructions, or area of temporary
access roads) after the ending of the construction stage; revegetation of the closed landfill and decommissioned project area.
OPERATION
Damages to civil works because of vibration produced by vehicles for waste haulers
choose routes avoiding passing through residential areas;
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6.2.8 Cultural heritage
Box 12 Likely significant effects on cultural heritage and their mitigation
Likely significant effects Mitigation measuresCONSTRUCTION Damaging of uncovered objects of cultural and archaeological significance not known before
carry out detailed archaeological survey of site as well as comprehensive desk study to determine level or potential level of cultural or architectural significance of the area;
in the case of identifying of any potential archaeological objects, the activities should stop; archaeological authority must be consulted to determine appropriate mitigation measures;
consider any necessary measure to ensure the protection of the objects under the legal requirements.
Damage to the constructed environment, including architectural and archaeological monuments, through vibrations produced by the vehicles for transport of materials.
choose routes avoiding passing near cultural and archaeological sites.
OPERATIONDamage to the constructed environment, including architectural and archaeological monuments, through vibrations produced by the vehicles for transport of waste.
choose routes avoiding passing near cultural and archaeological sites.
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6.3 Residual impact assessment
Residual impact is defined as the consequences of the impact after implementing the mitigation measures. It has to be considered in relation with the baseline conditions, since different baseline conditions can cause different impact significance for the same type of project.
The scale of the residual impact must be assessed using models, e.g. to determine the concentration of key pollutants associated with the associated activities at the receptor location, and following a adequate methodology.
6.4 Cumulative impact assessment
According to the provisions of Annex IV(4) of the EIA Directive, as implemented in Bulgarian national legislation by Article 81(5) and Article 96(1)(4) of the LEP and Article 12 and Article 14(1)(4) of the EIA Ordinance, an EIA also needs to consider the potential indirect and cumulative impacts of his project as well as impact interactions.
Several effects of certain projects can act in different ways on the environment (population, fauna, flora, soil, water, air, climatic factors, and material assets, including the architectural and archaeological heritage, landscape). The actions depend on the project location, the characteristics of baseline environmental conditions, for example, sensitive receptors in the project area or in the vicinity but also depending on certain effects of other projects (current and future) and activities, which overlap with the proposed project area.
In this respect, other current and future projects that can be considered are the ongoing projects and projects identified in a development plan for the region (approved or in process of approval).
Examples of projects categories that should be addressed, at construction phase or operation phase, in proposed project area or near it:
- landfill site extension;- urban development projects, e.g., development of residential or recreational areas;- roads projects;- hydro-technical works such as dams, networks for flow deviation, flood
protection/prevention works;- industry.
The possible interactions between a certain proposed project and other current and future projects are presented in Box 19.
Box 19 Possible interactions between current and future projects
Possible interactions between current and future projects that can conduct to cumulative effectsEffects of other projects at construction phase and effects of the proposed project during its construction phaseEffects of other projects at construction phase and effects of the proposed project during its operation phase
Effects of other projects at operation phase and effects of the proposed project during its construction phase
Effects of other projects at operation phase and effects of the proposed project during its operation phase
Some examples of possible cumulative effects occurrence by implementation of landfill projects are given below:
- noise through construction activities (equipment) and noise through traffic increasing negative effects on fauna, human beings, material assets (as tourism in the area)
- soil erosion through removal of vegetation and increased turbidity on surface water body through water runoff from a sloped area, and affecting water habitat of fauna species;
- extraction of the resources (gravel, clay) from a quarry that is exploited also for other uses;- liquid effluents generated by more treatment stations and discharged into a river can
produce cumulative impacts due to surplus of effluent nutrients or biosolids.
The likely cumulative effects could affect:
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- surface water quality - from known and future regulated point source discharges;- groundwater quality – produced by leachate infiltration in soil from the unlined areas of
the site or landfill or ponds liner failure;- climate change - ggreenhouse gas emissions from landfill, vehicles for transport of
waste;- odour, dust and noise.
For example, noise and dust generated by excavation activity and transport of excavated material from two adjacent projects could cumulate if the work period or track trips coincide. The existing traffic will overlap with an increasing number of vehicles both during the construction and operation and will generate cumulative effects on air quality and noise.
6.5 Risks cases
This section of the EIA Report will identify the project activities that may result in incidents with significant impact on the environment; also, consequences of possible natural hazards would be addressed here.
Typical risk cases that may need to be considered are:
- seismic activity;- landslides;- floods;- fires;- incidents related to toxic or dangerous chemicals;- occupational health and safety incidents.
Box 20 Data to be provided with regard to risk cases
Seismic activity data regarding seismic occurrences in the region; design long-term structures at the site to the appropriate seismic zone; identification of any affected areas during such an event, for example failure of water supply pipelines mitigation measures for seismic event.
Landslides identification of areas prone to landslides in the project area; identification of the main effects in the case of landslides and consequently the area affected, and their
impact on the affected area; identification of works and equipment that can be affected, according to each project component; prevention and mitigation measures.
Flooding identification of the floods pathways; identification of areas exposed to flooding; identification of the main effects in the case of flooding of exposed areas, for example damages and
blockage of sewer pipes; prevention and mitigation measures.
Fire causes of fire hazard, e.g. during the construction phase: spontaneous combustion of stockpiled waste;
during the operation phase: accidental methane release to air because of the failure of digestion tanks; possible effects on project works/activity; fire prevention and control measures.
Incidents related to hazardous substances hazardous substances used; identification of possible incidents involving dangerous substances, e.g. those related to storage and
handling of chemicals; prevention and mitigation measures.
Occupational health and safety incidents
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occupational health and safety incidents, e.g.: during the construction phase: working in confined spaces; during the operation phase: workers exposed to gas emissions which can cause health effects;
prevention and mitigation measures.
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7 ENVIRONMENTAL MONITORING PROGRAMME
Environmental monitoring is a key issue to be covered in the EIA Report. Although under Bulgarian national legislation there is no specific requirement for preparation of such a plan, this is considered as a good practice. Hence, the monitoring measures are discussed in relation to mitigation of the significant environmental impacts and are included in the plan for implementation of the mitigation measures. The EIA reports consistently recommend the preparation of a self-monitoring plan to be implemented during each phase of the project implementation.
It is recommended the EIA Report to contain a monitoring programme, for the construction, operation and post operation (closure and post-closure) phases, having the following objectives:
- to demonstrate compliance with relevant legislation/standards, permits or the requirements of the EIA Decision;
- to assess the effectiveness of the implemented mitigation measures;- to provide data to inform the public; - to set up a database for the above mentioned measures and emission inventories; it will provide information for the improvement and updating of monitoring programme;- to assist in an investigation in the event of a trigger level or emission limit value being infringed.
Basic environmental monitoring steps include:
- planning a survey and sampling (continuous or discontinuous) program for systematic collection of relevant data/information;
- conduction of the survey and sampling program; - analysis of samples and data/information collected, and interpretation of data and information;
and - preparation of reports to support environmental management.
It should be mentioned that in order for the environmental monitoring to be effective, it is necessary to have actual baseline information before the project construction to compare with the measured values after project implementation. Therefore based on the information collected in the baseline investigation campaign, the effects on environment during and after the project could be identified, controlled and mitigated.
The minimum monitoring should be made for parameters related to:
- air quality;- surface water and groundwater,- odours, dust,- noise,- meteorological conditions,- topography and stability,- leachate,- landfill gas and landfill gas combustion emissions,- natural environment, for particular species or habitats.
The on-site monitoring assumes operational and environmental monitoring (see Table 3). Both types regard construction, operational and post closure phases, in accordance with LWD amd Ordinance No. 8 on the conditions and requirements for the construction and operation of waste landfills and other installation for recovery and disposal of wastes, and have to be described in the EIA report.
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Table 3. Aspects to be included in the monitoring programme
Operational monitoring Environmental monitoringConstruction Construction
- quality and quantity of waste outflows;- type and quantity of fuel that were
consumed (daily, monthly); - quantity of water used;- quantities of hazardous materials used;
- meteorological data (daily rainfall, wind direction and intensity, evaporation, temperature)
- surface water and groundwater quality;- air quality above the landfill site and outside the
site;- noise;
Operation Operation- quality and quantity of waste inflows and
outflows;- quality and quantity of leachate and
landfill gas during operation; - landfill stormwater runoff quality before
discharging;- state of the bearms, roads; slope stability;
- meteorological data monitoring that could be done on site with operator equipment or based on data received from the nearest meteo-station;
- surface water and groundwater monitoring quality data;
- air quality above the landfill site and outside the site;
- noise;Closure/Post-closure Closure/Post-closure- integrity of the cover;- quality and quantity of leachate and
landfill gas post-operation.
- surface water and groundwater monitoring quality data;
- air quality above the landfill site and outside the site.
For each parameter, the sampling locations/points, number of tests/ samples, sampling frequency, responsible for monitoring will be indicated.
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8 NON-TECHNICAL SUMMARY
The submission of a non-technical summary (NTS) of the information contained in the EIA Report is a legal requirement of the EIA Directive (Article 5), respectively under Article 96(1)(9) of the LEP Article 12(1)(5) of the EIA Ordinance. It should be reminded that the NTS is defined in point 27 of the Additional Provisions to the LEP as “a brief presentation of the information in the EIA statement in a language comprehensible to the general public of a length not less than 10 per cent of the length of the statement and containing the requisite visuals (maps, photographs, charts)”. Pursuant to Article 12(1)(5) of the EIA Ordinance the NTS is a self-standing document presented as an annex to the EIA report.
The NTS should enable the public to gain appreciation of the project, to understand its likely significant impacts and the mitigation measures that are being proposed by the developer. The NTS may be available as a separate document and should be clear in its content, structure and language. Rather than copying and pasting entire sections from the EIA Report the text of the NTS should be re-phrased and generally be written in a non-technical language that is understandable for the general public and thus avoid scientific or technical jargon.
Overall, the NTS should be a fair reflection of the main EIA Report and cover all aspects of the EIA process. The format should be largely developed along the main headers of the EIA Report, i.e. it should contain a description of the project and its objective, a description of the existing environmental conditions, the likely significant impacts, the proposed mitigation and management measures and any other critical matters. Some information on the development consent process and on the previous stages of the EIA process (i.e. the results of screening, if any, and scoping and public consultations) should also be provided.
Generally, the NTS may be decided to be a stand-alone document and should thus also include a locational map and layout plan of the project. A summary of impacts, mitigation measures and residual impacts may be presented in table format.
Box 23 Content of Non-technical summary
Project description Brief project description Uncertainties about the project
Significant impacts (positive and negative) Overview of the approach to the assessment Uncertainties about environmental effects of project implementation
Data about sequence of EIA procedure stages accomplished so far for the project Screening Decision Scoping document (if applicable) Consultation/opinion of authorities likely to be concerned by the project by the reason of their environmental
authoritiesInformation regarding public consultation
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9 ENVIRONMENTAL MANAGEMENT PLAN
The implementation of impact mitigation and monitoring of impacts often represent the weak links in the EIA process. A best practice approach to face this problem is to prepare an Environmental Management Plan (EMP), a tool designed to ensure continuity between project planning/appraisal, detailed design, implementation/construction and operation/maintenance.
The preparation of an EMP is not formally required under the provisions of the EIA Directive or of the Bulgarian national law. Internationally, however, the EMP is considered as best practice to ensure that commitments given at the planning and assessment stage will be carried through to the construction and/or operation stage of the project. As the project is developed to further detail, the EMP will usually be refined including adjustments to the terms and conditions specified in any project approval. This good practice to a large extent is implemented in Bulgaria. As it was already mentioned, the plan for implementation of the mitigation measures, required under the LEP and the EIA Ordinance, logically includes measures for monitoring of the impacts. This plan is endorsed by the competent authority with the positive EIA decision. Moreover, in compliance with Article 99(1)(6) and (8) of the LEP, the EIA decision contains “conditions for implementation, including measures to prevent, reduce or offset significant adverse effects on the environment, as well as deadlines for compliance, where necessary”. These conditions are then subject to control (Chapter IX of the LEP).
The key objectives of an EMP are
to ensure compliance of project execution with the applicable environmental legislation(local, national, EU or international);
to ensure that technical and organizational resources will be mobilized to implement the necessary mitigation measures;
to provide a reference for impact management, environmental performance monitoring and identification of any changes and unforeseen events during project implementation, which may not have been considered in the EIA.
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10 CHALLENGES IN EIA REPORT PREPARATION
The EIA Report should contain comprehensive but concise information in relation with the main aspects addressed.
An ambiguous description of the technical processes and of the activities related to the project can make it difficult for the reader to understand the EIA approach.
It is recommended to avoid the addition of data and information that is not relevant for the project, for example, about the existing baseline environmental conditions, or a large description of the fauna species in an extended region (e.g. for a landfill that is developed in limited area of tens of hectares).
During the EIA, some difficulties can be encountered, and they refer to the following:
uncertainty about some information regarding baseline environmental conditions;
limited data regarding construction phase of the project;
limited information about the estimated rate of increase (or decrease) of waste generation per year in the region;
possible changes of land development planning, fact which can require a re-evaluation of the basic data for the project design (e.g., possible extension of the landfill life time due to an enhanced separate collection in the near future) ;
lack of guidelines/methodologies for the assessment of the environmental impact significance.
Where appropriate, the difficulties encountered during the EIA be mentioned in the EIA Report, and the uncertainty of impact prediction it will be specified also.
If complete information cannot be provided, it must be made clear that, the information is not intentionally withheld and that all parties will be aware of the incompleteness. The resultant decision would be either qualified or conditional.
Bulgarian national legislation in Article 96(1)(10) of the LEP reads that the EIA report should contain information on the difficulties (technical reasons, insufficiency or lack of data) encountered in the collection of information for preparation of the EIA Report.
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REFERENCES
Department for Communities and Local Government - London, Environmental Impact Assessment: A guide to good practice and procedures, (2006) www.communities.gov.uk
EC DG XI Environment, Nuclear Safety & Civil Protection, Guidelines for the assessment of indirect and cumulative impacts and impact interactions (1999)
http://ec.europa.eu/environment/eia/eia-studies-and-reports/guidel.pdf
JASPERS, Sectoral EIA Guidelines Integrated Waste Management System Projects, Romania (2010) http://www.jaspers-europa-info.org/attachments/129_JASPERS_EIA_Guidelines_2010_WASTE.pdf
Ramke Hans-Günter, Toolkit Landfill Technology, Chapter 1.3 - Health and Environmental Risks of Dumps and Landfills, Technical Committee Landfill Technology, 2009
UNEP, Environmental Impact Assessment and Strategic Environmental Assessment: Towards an Integrated Approach (2004) http://www.unep.ch/etu/publications/textONUbr.pdf
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ANNEXES
ANNEX 1EU environmental legislation most relevant to the guidelines
- Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives
- Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste
- Council Directive 99/31/EC of 26 April 1999 on the landfill of waste
- Council Decision 2003/33/EC of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC
- Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control)
- Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment
- Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment
- Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, amended
- Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe
- Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise
- Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the MSs relating to the permissible sound level and the exhaust system of motor vehicles, as amended
- Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC
REMARK: Special attention should be paid to the expected amendment of EIAD
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ANNEX 2BULGARIAN LEGISLATION RELEVANT to the guidelines
TITLE OF THE LEGAL ACT IN ENGLISH LANGUAGE
TITLE OF THE LEGAL ACT IN BULGARIAN LANGUAGE
LAWS ЗАКОНИLaw on Spatial Development (SG 1 of 02/01/2001, as last amended and supplemented SG 28 of 19/03/2013)
Закон за устройство на територията, (обн., ДВ, бр. 1 от 02.01.2001 г., посл. изм. и доп., ДВ, бр. 28 от 19.03.2013 г.)
Law on Black Sea Coast Development (SG 48 of 15/06/2007, as last amended SG 28 of 19/03/2013)
Закон за устройството на Черноморското крайбрежие (обн., ДВ, бр. 48 от 15.06.2007 г., посл. изм. ДВ, бр. 28 от 19.03.2013 г.)
Law on Environmental Protection (SG 91 of 25/09/2002, as last amended and supplemented SG 27 of 15/03/2013)
Закон за опазване на околната среда, (обн., ДВ, бр. 91 от 25.09.2002 г., посл. изм. и доп., ДВ, бр. 27 от 15.03.2013 г.)
Law on Clean Ambient Air (SG 45 of 28/05/1996, as last amended SG 102 of 21/12/2012)
Закон за чистотата на атмосферния въздух, (обн., ДВ, бр. 45 от 28.05.1996 г., посл. изм. ДВ, бр. 102 от 21.12.2012 г.)
Law on Waste Management (SG 53 of 13/07/2012)
Закон за управление на отпадъците (обн., ДВ, бр. 53 от 13.07.2012 г.)
Law on Soils (SG 89 of 06/11/2007, as last amended SG 92 of 22/11/2011)
Закон за почвите (обн., ДВ. бр. 89 от 06.11.2007 г., посл. изм. ДВ, бр. 92 от 22.11.2011 г.)
Law on Biological Diversity (SG 77 of 09/08/2002, as last amended and supplemented SG 27 of 15/03/2013)
Закон за биологичното разнообразие (обн., ДВ, бр. 77 от 09.08.2002 г., посл. изм. и доп. ДВ, бр. 27 от 15.03.2013 г.)
Law on Protected Areas (SG 133 of 11/11/1998, as last amended SG 27 of 15/03/2013)
Закон за защитените територии (обн. ДВ, бр. 133 от 11.11.1998 г., посл. изм. ДВ, бр. 27 от 15.03.2013 г.)
Law on Protection of Animals (SG 13 of 08/02/2008, as last amended and supplemented SG 92 of 22/11/2011)
Закон за защита на животните (обн., ДВ, бр. 13 от 08.02.2008 г., посл. изм. и доп. ДВ, бр. 92 от 22.11.2011 г.)
Law on Protection of Plants (SG 91 of 10/10/1997, as last amended and supplemented SG 28 of 05/04/2011)
Закон за защита на растенията (обн., ДВ, бр. 91 от 10.10.1997 г., посл. изм. и доп. ДВ, бр. 28 от 05.04.2011 г.)
Law on Waters (SG 67 of 27/07/1999, as last amended SG 82 of 26/10/2012)
Закон за водите (обн., ДВ, бр. 67 от 27.07.1999 г.; посл. изм., ДВ. бр. 82 от 26.10.2012 г.)
Law on Protection Against Environmental Noise (SG 74 of 13/09/2005, as last supplemented SG 32 of 24/04/2012)
Закон за защита от шума в околната среда (обн., ДВ, бр. 74 от 13.09.2005 г., посл. доп. ДВ, бр. 32 от 24.04.2012 г.)
Law on Protection Against the Harmful Impact of Chemical Substances and Mixtures(title amended SG 114/2003, SG No. 63/2010, effective 13.08.2010, promulgated SG 10 of 04/02/2000, as last amended and supplemented SG 84 of 02/11/2012)
Закон за защита от вредното въздействие на химичните вещества и смеси (загл. изм. ДВ, бр. 114 от 2003 г., бр. 63 от 2010 г., в сила от 13.08.2010 г., обн., ДВ, бр. 10 от 04.02.2000 г., посл. изм. и доп. ДВ, бр. 84 от 02.11.2012 г.)
Law on Access to Spatial Data (SG 19 of 09/03/2010)
Закон за достъп до пространствени данни (обн., ДВ, бр. 19 от 09.03.2010 г.)
Law on Protection of Agricultural Lands (SG 35 of 24/04/1996,)
Закон за опазване на земеделските земи (обн., ДВ, бр. 35 от 24.04.1996 г, посл. изм., ДВ, бр. 27 от 15.03.2013 г.)
Law on Health (SG 70 of 10/08/2004, as last amended SG 30 of 26/03/2013, in force as of
Закон за здравето (обн., ДВ, бр. 70 от 10.08.2004 г., посл. изм. ДВ, бр. 30 от
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01/01/2014) 26.03.2013 г., в сила от 01.01.2014 г.);
Law on Disaster Protection (SG 102 of 19/12/2006, as last amended and supplemented SG 80 of 14/10/2011)
Закон за защита при бедствия (обн., ДВ, бр. 102 от 19.12.2006 г., посл. изм. и доп. ДВ,бр. 80 от 14.10.2011 г.);
Law on Health and Safety Labour Conditions (SG 124 of 23/12/1997, as last amended SG 15 of 15/02/2013)
Закон за здравословни и безопасни условия на труд (обн., ДВ, бр. 124 от 23.12.1997 г., посл. изм. ДВ, бр. 15 от 15.02.2013 г.)
Law on Energy Efficiency (SG 98 of 14/11/2008, as last amended and supplemented SG 24 of 12/03/2013)
Закон за енергийната ефективност (обн., ДВ, бр. 98 от 14.11.2008 г., посл. изм. и доп. ДВ, бр. 24 от 12.03.2013 г.)
Law on Concessions (SG 36 of 02/05/2006, as last amended and supplemented SG 24 of 12/03/2013)
Закон за концесиите (обн., ДВ, бр. 36 от 02.05.2006 г., посл. изм. и доп. ДВ, бр. 24 от 12.03.2013 г.)
Law Cultural Heritage (SG 19 of 13/03/2009, as last amended and supplemented SG 15 of 15/02/2013, in force as of 01/01/2014)
Закон за културното наследство (обн., ДВ, бр. 19 от 13.03.2009 г., посл. изм., ДВ, 15 от 15.02.2013 г., в сила от 01.01.2014 г.)
Law on Rail Transport (SG 97 of 28/11/2000, as last amended and supplemented SG 15 of 15/02/2013, in force as of 01/01/2014)
Закон за железопътния транспорт (обн., ДВ, бр. 97 от 28.11.2000 г., посл. изм. и доп. ДВ, бр. 15 от 15.02.2013 г., в сила от 01.01.2014 г.)
Law on Access to Public Information (SG 55 of 07/07/2000, as last amended SG 39 of 20/05/2011)
Закон за достъп до обществена информация (обн., ДВ, бр. 55 от 07.07.2000 г., посл. изм., ДВ, бр. 39 от 20.05.2011 г.)
Law on Geodesy and Cartography (SG 29 of 07/04/2006, as last amended SG 77 of 09/10/2012)
Закон за геодезията и картографията (обн., ДВ, бр. 29 от 07.04.2006 г., посл. изм., ДВ, бр. 77 от 09.10.2012 г.)
Law on Cadastre and the Property Register (SG 34 of 25/04/2000, as last amended SG 15 of 15/02/2013, in force as of 01/01/2014)
Закон за кадастъра и имотния регистър (обн., ДВ, бр. 34 от 25.04.2000 г., посл. изм., ДВ, бр. 15 от 15.02.2013 г., в сила от 01.01.2014 г.)
Law on Ratification of the Convention on Environmental Impact Assessment in a Transboundary Context (SG 28 of 28/03/1995)
Закон за ратифициране на Конвенцията за оценка на въздействието върху околната среда в трансграничен контекст (обн., ДВ, бр. 28 от 28.03.1995 г.)
Law on Ratification of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (SG 91 of 14/10/2003)
Закон за ратифициране на Конвенцията за достъпа до информация, участието на обществеността в процеса на вземането на решения и достъпа до правосъдие по въпроси на околната среда (обн., ДВ, бр. 91 от 14.10.2003 г.)
ORDINANCES НАРЕДБИ
Ordinance on the conditions and the order for implementing environmental impact assessment (adopted by Council of Ministers Decree (CMD) No. 59 of 07/03/2003, prom. SG 25 of 18/03/3003, as last amended and supplemented SG 94 of 30/11/2012)
Наредба за условията и реда за извършване на оценка на въздействието върху околната среда (загл. изм. ДВ, бр. 3 от 2006 г., приета с ПМС № 59 от 07.03.2003 г., обн., ДВ, бр. 25 от 18.03.2003 г., посл. изм. и доп. ДВ, бр. 94 от 30.11.2012 г.)
Ordinance on the conditions and the order for implementing environmental assessment of plans and programmes (adopted by CMD No. 139 of 24/06/2004, prom. SG 57 of 02/07/2004, as last amended and supplemented SG 94 of
Наредба за условията и реда за извършване на екологична оценка на планове и програми (загл. изм. ДВ, бр. 3 от 2006 г., приета с ПМС № 139 от 24.06.2004 г., обн., ДВ, бр. 57 от 02.07.2004 г., посл. изм. и доп. ДВ, бр. 94 от
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30/11/2012) 30.11.2012 г.)
Ordinance on the conditions and order for carrying out compatibility assessment on plans, programmes, projects and investment proposals with the conservation objectives of the protected areas (adopted by a Council of Minister Decree No. 201 of 31/08/2007, prom. SG 73 of 11/09/2007, as last amended and supplemented SG 94 of 30/11/2012)
Наредба за условията и реда за извършване на оценка за съвместимостта на планове, програми, проекти и инвестиционни предложения с предмета и целите на опазване на защитените зони (приета с ПМС № 201 от 31.08.2007 г., обн., ДВ, бр. 73 от 11.09.2007 г., в сила от 11.09.2007 г., посл. изм. и доп. ДВ, бр. 94 от 30.11.2012 г.)
Ordinance on the development of management plans for protected areas (adopted by CMD No. 7 of 08/02/2000, prom. SG 13 of 15/02/2000, as amended and supplemented SG 55 of 20/07/2012)
Наредба за разработване на планове за управление на защитени територии (приета с ПМС № 7 от 08.02.2000 г., обн., ДВ, бр. 13 от 15.02.2000 г., изм. и доп., ДВ, бр. 55 от 20.07.2012 г.)
Ordinance No. 2 of 18/12/2006 on the conditions and the procedure for the establishment and the functioning of the National System for Monitoring of the Status of the Biological Diversity (SG 3 of 12/01/2007)
Наредба № 2 от 18.12.2006 г. за условията и реда за създаването и функционирането на Националната система за мониторинг на състоянието на биологичното разнообразие (обн., ДВ, бр. 3 от 12.01.2007 г.)
Ordinance on the conditions and the order for the issuance of integrated permits (adopted by CMD No. 238 of 02/10/2009, prom. SG 80 of 09/10/2009, as last amended and supplemented SG 69 of 11/09/2012)
Наредба за условията и реда за издаване на комплексни разрешителни (приета с ПМС № 238 на МС от 02.10.2009 г., обн., ДВ, бр. 80 от 09.10.2009 г., посл. изм. и доп., бр. 69 от 11.09.2012 г.)
Ordinance No. 5 of 01/08/2003 on the conditions and the procedure for preparation of action plans for plant and animal species (SG 73 of 19/08/2003)
Наредба № 5 от 01.08.2003 г. за условията и реда за разработване на планове за действие за растителни и животински видове (обн., ДВ, бр. 73 от 19.08.2003 г.)
Ordinance No. 19 of 25/10/2012 on construction on agricultural lands without changing its purpose of use (SG 85 of 06/11/2012)
Наредба № 19 от 25.10.2012 г. за строителство в земеделските земи без промяна на предназначението им (обн., ДВ, бр. 85 от 06.11.2012 г.)
Ordinance No. 1 on exploration, use and protection of groundwater (SG 87 of 30/10/2007, as last amended and supplemented SG 28 of 19/03/2013)
Наредба № 1 за проучване, ползване и опазване на подземните води (обн., ДВ, бр. 87 от 30.10.2007 г., посл. изм. и доп. ДВ, бр. 28 от 19.03.2013 г.)
Ordinance No. 3 of 16/10/2000 on the conditions and the procedure for exploration, design and exploitation of sanitary-protection zones around the water sources and facilities and around the mineral water sources used for health treatment, prophylactics, drinking and hygiene needs (SG 88 of 27/10/2000)
Наредба № 3 от 16.10.2000 г. за условията и реда за проучване, проектиране, утвърждаване и експлоатация на санитарно-охранителните зони около водоизточниците и съоръженията за питейно-битово водоснабдяване и около водоизточниците на минерални води, използвани за лечебни, профилактични, питейни и хигиенни нужди (обн., ДВ, бр. 88 от 27.10.2000 г.)
Ordinance No. 2 of 08/06/2011 on the issuing of permits for the discharge of waste waters in water bodies and setting individual emission restrictions to point pollution sources (SG 47 of 21/06/2011, as amended SG 14 of 17/02/2012)
Наредба № 2 от 8.06.2011 г. за издаване на разрешителни за заустване на отпадъчни води във водни обекти и определяне на индивидуалните емисионни ограничения на точкови източници на замърсяване (обн., ДВ, бр. 47 от 21.06.2011 г., изм. ДВ, бр. 14 от 17.02.2012 г.)
Ordinance No. 5 of 30/05/2008 on the management of bathing waters quality (SG 53 of
Наредба № 5 от 30.05.2008 г. за управление качеството на водите за къпане (обн., ДВ, бр.
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10/06/2008, as last amended and supplemented SG 5 of 18/01/2013)
53 от 10.06.2008 г., посл. изм. и доп. ДВ, бр. 5 от 18.01.2013 г.)
Ordinance No. 4 of 20/10/2000 on the quality of water intended for fishery and breeding of shellfish organisms (SG 88 of 27/10/2000)
Наредба № 4 от 20.10.2000 г. за качеството на водите за рибовъдство и за развъждане на черупкови организми (обн., ДВ, бр. 88 от 27.10.2000 г.)
Ordinance No. 18 of 27/05/2009 on the quality of waters used for irrigation for agricultural products (SG 43 of 09/06/2009)
Наредба № 18 от 27.05.2009 г. за качеството на водите за напояване на земеделските култури (обн., ДВ, бр. 43 от 09.06.2009 г.)
Ordinance No. 1 on monitoring of waters (SG 34 of 29/04/2011, as amended and supplemented SG 22 of 05/03/2013)
Наредба № 1 от 11.04.2011 г. за мониторинг на водите (обн., ДВ, бр. 34 от 29.04.2011 г., изм. и доп., бр. ДВ, 22 от 05.03.2013 г.)
Ordinance No. 12 on the requirements to the quality of surface waters intended for drinking and human consumption supply (SG 63 of 28/06/2002, as amended SG 15 of 21/02/2012)
Наредба № 12 от 18.06.2002 г. за качествените изисквания към повърхностни води, предназначени за питейно-битово водоснабдяване (обн., ДВ, бр. 63 от 28.06.2002 г., изм. ДВ, бр. 15 от 21.02.2012 г.)
Ordinance No. 6 of 09/11/2000 on the emission values of admissible content of harmful and dangerous substances in waste waters discharged in water bodies (SG 97 of 28/11/2000 as amended and supplemented SG 24 of 23/03/2004)
Наредба № 6 от 09.11.2000 г. за емисионни норми за допустимото съдържание на вредни и опасни вещества в отпадъчните води, зауствани във водни обекти (обн., ДВ, бр. 97 от 28.11.2000 г., изм. и доп. ДВ, бр. 24 от 23.03.2004 г.)
Ordinance No. 7 of 14/11/2000 on the conditions and the procedure for discharge of industrial waste waters in the settlements sewerage systems (SG 98 of 01/12/2000)
Наредба № 7 от 14.11.2000 г. за условията и реда за заустване на производствени отпадъчни води в канализационните системи на населените места (обн., ДВ, бр. 98 от 01.12.2000 г.)
Ordinance No. N-4 of 14/09/2012 on the characterization of surface waters (SG 22 of 05/03/2013)
Наредба № Н-4 от 14.09.2012 г. за характеризиране на повърхностните води (обн., ДВ, бр. 22 от 05.03.2013 г.)
Ordinance No. 2 of 13/09/2007 for protection of waters with nitrates from agricultural sources (SG 27 of 11/03/2008, as amended and supplemented SG 97 of 09/12/2011)
НАРЕДБА № 2 от 13.09.2007 г. за опазване на водите от замърсяване с нитрати от земеделски източници (обн., ДВ, бр. 27 от 11.03.2008 г., изм. и доп., ДВ, бр. 97 от 09.12.2011 г.)
Ordinance No. 12 of 15/07/2010 on the norms for sulphur dioxide, nitrogene, particulate matter, lead, benzene, carbon dioxide and ozone in the ambient air (SG 58 of 30/07/2010)
Наредба № 12 от 15.07.2010 г. за норми за серен диоксид, азотен диоксид, фини прахови частици, олово, бензен, въглероден оксид и озон в атмосферния въздух (обн., ДВ, бр. 58 от 30.07.2010 г.)
Ordinance No. 11 of 14/05/2007 on the norm for arsenium, cadmium, nickel and polycyclic aromatic carbon oxides in the ambient air (SG 42 of 29/05/2007)
Наредба № 11 от 14.05.2007 г. за норми за арсен, кадмий, никел и полициклични ароматни въглеводороди в атмосферния въздух (обн., ДВ, бр. 42 от 29.05.2007 г.)
Ordinance No. 14 on the norms for limit admissible concentrations of harmful substances in the ambient air of the settlements (SG 88 of 03/10/1997, as last amended SG 42 of 29/05/2007)
Наредба № 14 от 23.09.1997 г. за норми за пределно допустимите концентрации на вредни вещества в атмосферния въздух на населените места (обн., ДВ, бр. 88 от 03.10.1997 г., посл. изм. ДВ, бр. 42 от 29.05.2007 г.)
Ordinance No. 1 of 27/06/2005 on limit emission values for harmful substances (pollutants)
Наредба № 1 от 27.06.2005 г. за норми за допустими емисии на вредни вещества
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released in the atmosphere by installations and activities with immovable sources of emissions (SG 64 of 05/08/2005)
(замърсители), изпускани в атмосферата от обекти и дейности с неподвижни източници на емисии (обн., ДВ, бр. 64 от 05.08.2005 г.)
Ordinance No. 6 on the procedure and the methods for measurement of emission of harmful substances released in the ambient air by immovable sources of emissions (SG 31 of 06/04/1999, as last amended SG 102 of 21/12/2012)
Наредба № 6 от 26.03.1999 г. за реда и начина за измерване на емисиите на вредни вещества, изпускани в атмосферния въздух от обекти с неподвижни източници (обн., ДВ, бр. 31 от 06.04.1999 г., посл. изм. ДВ, бр.102 от 21.12.2012 г.)
Ordinance No. 10 of 24/02/2004 on the conditions and the procedure for approval of the types of internal combustion engines to be installed off-road mobile machinery regarding their emissions of pollutants (SG 28 of 06/04/2004, as last amended and supplemented SG 69 of 11/09/2012)
Наредба № 10 от 24.02.2004 г. за условията и реда за одобрение на типа на двигатели с вътрешно горене за извънпътна техника по отношение на емисиите на замърсители (обн., ДВ, бр. 28 от 06.04.2004 г., посл. изм. и доп. ДВ, бр. 69 от 11.09.2012 г.)
Ordinance No. 7 on the assessment and management of the quality of ambient air (SG 45 of 14/05/1999)
Наредба № 7 от 3.05.1999 г. за оценка и управление качеството на атмосферния въздух (обн., ДВ, бр. 45 от 14.05.1999 г.)
Ordinance on the requirements to the quality of liquid fuels, the conditions, the procedure and the methods for controlling them (adopted by CMD No. 156 of 15/07/2003, prom. SG 66 of 25/07/2003, as last amended SG 103 of 28/12/2012)
Наредба за изискванията за качеството на течните горива, условията, реда и начина за техния контрол (приета с ПМС № 156 от 15.07.2003 г., обн., ДВ, бр. 66 от 25.07.2003 г., посл. изм. ДВ, бр. 103 от 28.12.2012 г.)
Ordinance No. 54 of 13/12/2010 on the activities of the national system for monitoring of the environmental noise and the requirements to self-monitoring and submission of information by the industrial sources of environmental noise (SG 3 of 11/01/2011)
Наредба № 54 от 13.12.2010 г. за дейността на националната система за мониторинг на шума в околната среда и за изискванията за провеждане на собствен мониторинг и предоставяне на информация от промишлените източници на шум в околната среда (обн., ДВ, бр. 3 от 11.01.2011 г.)
Ordinance No. 6 of 26/06/2006 on the indicators for environmental noise, measuring the level of discomfort during the different parts of the day, the limit values of the indicators for environmental noise, the methods for assessment of the limit values of the indicators for noise and the harmful effects of the noise on the health of the population (SG 58 of 18/07/2006)
Наредба № 6 от 26.06.2006 г. за показателите за шум в околната среда, отчитащи степента на дискомфорт през различните части на денонощието, граничните стойности на показателите за шум в околната среда, методите за оценка на стойностите на показателите за шум и на вредните ефекти от шума върху здравето на населението (обн. ДВ, бр. 58 от 18.07.2006 г.)
Ordinance on the requirement to the development and the content of the strategic noise maps and to the action plans (adopted by CMD No, 217 of 18/08/2006, prom. SG 70 of 29/08/2006)
Наредба за изискванията към разработването и съдържанието на стратегическите карти за шум и към плановете за действие (приета с ПМС № 217 от 18.08.2006 г., обн., ДВ, бр. 70 от 29.08.2006 г.)
Ordinance to the essential requirements and to the assessment of the compliance of outdoor machinery and equipment regarding the noise emitted by them in the air (adopted by CMD No. 22 of 29/01/2004, prom. SG 11 of 10/02/2004, as last amended and supplemented SG 37 of 08/05/2007)
Наредба за съществените изисквания и оценяване съответствието на машини и съоръжения, които работят на открито, по отношение на шума, излъчван от тях във въздуха (приета с ПМС № 22 от 29.01.2004 г., обн., ДВ, бр. 11 от 10.02.2004 г., посл. изм. и доп. ДВ, бр. 37 от 08.05.2007 г.)
Ordinance No. 9 of 12/02/2010 on the maximum Наредба № 9 от 12.02.2010 г. за максимално
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admissible values of vibrations in the living premises (SG 17 of 02/03/2010)
допустимите стойности на вибрациите в жилищни помещения (обн., ДВ, бр. 17 от 02.03.2010 г.)
Ordinance No. 9 of 14/03/1991 on the limit permissible levels of electro-magnetic fields in settlements and for the determination of the hygiene-protected areas around emitting sources (SG 35 of 03/05/1991, as last amended and supplemented SG 8 of 22/01/2002)
Наредба № 9 от 14.03.1991 г. за пределно допустими нива на електромагнитни полета в населени територии и определяне на хигиенно-защитни зони около излъчващи обекти (обн., ДВ, бр. 35 от 03.05.1991 г., посл. изм. и доп. ДВ, бр. 8 от 22.01.2002 г.)
Ordinance on the prevention of major-accident hazards involving dangerous substances and for limitation of consequences thereto (adopted by CMD No. 238 of 28/09/2012, prom. SG 76 of 05/10/2012)
Наредба за предотвратяване на големи аварии с опасни вещества и за ограничаване на последствията от тях (приета с ПМС № 238 от 28.09.2012 г., обн., ДВ, бр. 76 от 05.10.2012 г.)
Ordinance No. 5 of 11/05/1999 on the procedure, methods and periodicity of conducting risk assessment (SG 47 of 21/05/1999)
Наредба № 5 от 11.05.1999 г. за реда, начина и периодичността на извършване на оценка на риска (обн., ДВ, бр. 47 от 21.05.1999 г.)
Ordinance No. 2 of 12/09/1990 on protection against accidents in case of activities with dangerous chemical substances (SG 100 of 14/12/1990)
Наредба № 2 от 12.09.1990 г. за защита от аварии при дейности с опасни химически вещества (обн., ДВ, бр. 100 от 14.12.1990 г.)
Ordinance on the procedure and the methods for classification, packaging and labelling of chemical substances and mixtures (adopted by CMD No. 182 of 20/08/2010, prom. SG 68 of 31/08/2010)
Наредба за реда и начина на класифициране, опаковане и етикетиране на химични вещества и смеси (приета с ПМС № 182/20.08.2010 г., обн., ДВ, бр. 68 от 31.08.2010 г.)
Ordinance No. 3 of 01/08/2008 on the norms for admissible content of dangerous substances in the soils (SG 71 of 12/08/2008)
Наредба № 3 от 01.08.2008 г. за нормите за допустимо съдържание на вредни вещества в почвите (обн., ДВ, бр. 71 от 12.08.2008 г.)
Ordinance No. 4 of 12/01/2009 on the soils monitoring (SG 19 of 13/03/2009)
Наредба № 4 от 12.01.2009 г. за мониторинг на почвите (обн., ДВ, бр. 19 от 13.03.2009 г.)
Ordinance No. 26 of 02/10/1996 on the rehabilitation of damaged terrains, improvement of low-productive lands, reclamation and recovery of humus layer (SG 89 of 22/10/1996, as amended and supplemented SG 30 of 22/03/2002)
Наредба № 26 от 02.10.1996 г. за рекултивация на нарушени терени, подобряване на слабопродуктивни земи, отнемане и оползотворяване на хумусния пласт (обн., ДВ, бр. 89 от 22.10.1996 г., изм. и доп. ДВ, бр. 30 от 22.03.2002 г.)
Ordinance on the inventory and exploration of the terrains with polluted soils, the necessary remediation measures, as well as the maintenance of the implementation of the remediation measures (adopted by CMD No. 30 of 06/02/2007, prom. SG 15 of 16/02/2007)
Наредба за инвентаризацията и проучванията на площи със замърсена почва, необходимите възстановителни мерки, както и поддържането на реализираните възстановителни мероприятия (приета с ПМС № 30 от 06.02.2007 г., обн., ДВ, бр. 15 от 16.02.2007 г.)
Ordinance on the procedure and the methods for inventory, exploration, implementation and maintenance of the necessary remediation measures on terrains with damaged soils (adopted by CMD No. 187 of 23/07/2009, prom. SG 62 of 04/08/2009)
Наредба за реда и начина за инвентаризация, проучвания, извършване и поддържане на необходимите възстановителни мероприятия на площи с увредени почви (приета с ПМС № 187 от 23.07.2009 г., обн., ДВ, бр. 62 от 04.08.2009 г.)
Ordinance No. 36 of 18/08/2002 on the conditions and the procedure for biological testing, registration, use and control of fertilizers, soil improvers, biologically active substances and
Наредба № 36 от 18.08.2004 г. за условията и реда за биологично изпитване, регистрация, използване и контрол на торове, подобрители на почвата, биологично активни вещества и
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TITLE OF THE LEGAL ACT IN BULGARIAN LANGUAGE
food substrates (SG 87 of 05/10/2004) хранителни субстрати (обн., ДВ, бр. 87 от 05.10.2004 г.)
Ordinance No. 3 on the classification of waste (SG 44 of 25/05/2004, as amended and supplemented SG 23 of 20/03/2012)
Наредба № 3 от 1.04.2004 г. за класификация на отпадъците (обн., ДВ, бр. 44 от 25.05.2004 г., изм. и доп. ДВ, бр. 23 от 20.03.2012 г.)
Ordinance No. 8 of 24/08/2007 on the conditions and requirements for the construction and operation of waste landfills and other installation for recovery and disposal of wastes, issued by the Minister of Environment and Water (SG 83 of 24/09/2004, as last amended and supplemented SG 27 of 01/04/2011)
Наредба № 8 от 24.08.2004 г. за условията и изискванията за изграждане и експлоатация на депа и на други съоръжения и инсталации за оползотворяване и обезвреждане на отпадъци, издадена от министъра на околната среда и водите (обн., ДВ, бр. 83 от 24.09.2004 г., посл изм. и доп., бр. 27 от 01.04.2011 г.)
Ordinance No. 7 of 24/08/2007 on the requirements which must be met by the waste treatment facility sites, issued by the Minister of Environment and Water, Minister of Regional Development and Public Works, the Minister of Agriculture and Forestry and Minister of Health (SG 81 of 17/09/2004)
Наредба № 7 oт 24.08.2004 г. за изискванията, на които трябва да отговарят площадките за разполагане на съоръжения за третиране на отпадъци, издадена от министъра на околната среда и водите, министъра на регионалното развитие и благоустройството, министъра на земеделието и горите и министъра на здравеопазването (обн., ДВ, бр. 81 от 17.09.2004 г.)
Ordinance No. 14 of 15/11/2010 on the order and the way for calculation of the deduction and spending of the collected funds for activities for closure and after-closure care of the waste landfill sites, issued by the Minister of Environment and Water (SG 93 of 26/11/2010)
Наредба № 14 от 15.11.2010 г. за реда и начина за изчисляване на размера на отчисленията и разходване на събраните средства за дейностите по закриване и следексплоатационни грижи на площадките на депата за отпадъци, издадена от министъра на околната среда и водите и министъра на финансите (обн., ДВ, бр. 93 от 26.11.2010 г.)
Ordinance No. 2 of 22/01/2013 on the procedure and the templates for submission of information on the activities with waste, as well as the procedure for maintaining the public registries (SG 10 of 05/02/2013)
Наредба № 2 от 22.01.2013 г. за реда и образците, по които се предоставя информация за дейностите по отпадъците, както и реда за водене на публични регистри (обн., ДВ, бр. 10 от 05.02.2013 г.)
Ordinance on the management of construction waste and for the application of recycled construction materials (adopted by CMD No. 277 of 05/11/2012, prom. SG 89 of 13/11/2012)
Наредба за управление на строителните отпадъци и за влагане на рециклирани строителни материали (приета с ПМС № 277 от 05.11.2012 г., обн., ДВ, бр. 89 от 13.11.2012 г.)
Ordinance No. 4 of 05/04/2013 on the conditions and the requirements for the construction and exploitation of the installations for incineration and of installations for co-incineration of waste (SG 36 of 16/04/2013)
Наредба № 4 от 05.04.2013 г. за условията и изискванията за изграждането и експлоатацията на инсталации за изгаряне и инсталации за съвместно изгаряне на отпадъци (обн. ДВ, бр. 36 от 16.04.2013 г.)
Ordinance on the requirements to treatment and transport of industrial and hazardous waste (adopted by CMD No. 53 of 19/03/1999, prom. SG 29 of 30/03/1999)
Наредба за изискванията за третиране и транспортиране на производствени и на опасни отпадъци (приета с ПМС № 53 от 19.03.1999 г., обн., ДВ, бр. 29 от 30.03.1999 г.)
Ordinance on the procedure and the methods for recovery of sewage sludge from treatment of waste waters by using it in the agriculture (adopted by CMD No. 339 of 14/12/2004, prom. SG 112 of 23/12/2004, as amended and supplemented SG 29 of 08/04/2011)
Наредба за реда и начина за оползотворяване на утайки от пречистването на отпадъчни води чрез употребата им в земеделието (приета с ПМС № 339 от 14.12.2004 г., обн., ДВ, бр. 112 от 23.12.2004 г., изм. и доп. ДВ, бр. 29 от 08.04.2011 г.)
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TITLE OF THE LEGAL ACT IN BULGARIAN LANGUAGE
Ordinance on the waste oils and waste petrol products (adopted by CMD No. 352 of 27/12/2012, prom. SG 2 of 08/01/2013)
Наредба за отработените масла и отпадъчните нефтопродукти (приета с ПМС № 352 от 27.12.2012 г., обн., ДВ, бр. 2 от 08.01.2013 г.)
Ordinance on the end-of live vehicles products (adopted by CMD No. 11 of 15/01/2013, prom. SG 2 of 25/01/2013)
Наредба за излезлите от употреба моторни превозни средства (приета с ПМС № 11 от 15.01.2013 г., обн., ДВ, бр. 7 от 25.01.2013 г.)
Ordinance No. 3 of 28/02/1987 on the mandatory preliminary and periodic medical checks of workers (SG 16 of 27/02/1987, as last amended and supplemented SG 78 of 30/09/2005)
Наредба № 3 от 28.02.1987 г. за задължителните предварителни и периодични медицински прегледи на работниците (обн., ДВ, бр. 16 от 27.02.1987 г., посл. изм. и доп. ДВ, бр. 78 от 30.09.2005 г.)
Ordinance No. 3 of 19/04/2001 on the minimum requirements for the safety and protection of the health of the workers when using personal protection means at their working place (SG 46 of 15/05/2001, as amended and supplemented SG 40 of 18/04/2008)
Наредба № 3 от 19.04.2001 г. за минималните изисквания за безопасност и опазване на здравето на работещите при използване на лични предпазни средства на работното място (обн., ДВ, бр. 46 от 15.05.2001 г., изм. и доп. ДВ, бр. 40 от 18.04.2008 г.)
Ordinance No. 7 of 23/09/1999 on the minimum requirements to the health and safety labour conditions at the working places and when working equipment is used (SG 88 of 08/10/1999, as last amended and supplemented SG 24 of 12/03/2013)
Наредба № 7 от 23.09.1999 г. за минималните изисквания за здравословни и безопасни условия на труд на работните места и при използване на работното оборудване (обн., ДВ, бр. 88 от 08.10.1999 г., посл. изм. и доп. ДВ, бр. 24 от 12.03.2013 г.)
Ordinance No. 3 of 25/01/2008 on the conditions and the procedure for the operation of the services for occupational medicine (SG 14 of 12/02/2008)
Наредба № 3 от 25.01.2008 г. за условията и реда за осъществяване дейността на службите по трудова медицина (обн., ДВ, бр. 14 от 12.02.2008 г.)
Ordinance No. 3 of 27/07/1998 on the functions and the tasks of the officials of the specialized services in the enterprises for organization of the implementation of the activities related to protection against professional risks and prevention of such risks (title amended SG 102 of 22/12/2009, prom. SG 91 of 05/08/1998, as amended SG 102 of 22/12/2009)
Наредба № 3 от 27.07.1998 г. за функциите и задачите на длъжностните лица и на специализираните служби в предприятията за организиране изпълнението на дейностите, свързани със защитата от професионалните рискове и превенция на тези рискове (загл. изм. ДВ, бр. 102 от 22.12.2009 г., обн., ДВ, бр. 91 от 05.08.1998 г., изм. ДВ, бр. 102 от 22.12.2009 г.)
Ordinance No. 15 of 31/05/1999 on the conditions, procedure and requirements to development and introduction of physiological regimes of labour and rest during work time (SG 54 of 15/06/1999)
Наредба № 15 от 31.05.1999 г. за условията, реда и изискванията за разработване и въвеждане на физиологични режими на труд и почивка по време на работа (обн., ДВ, бр. 54 от 15.06.1999 г.)
Ordinance on the categorization of the agricultural lands and the change of their purpose of use (adopted by CMD No. 261 of 17/10/1996, prom. SG 09 of 24/10/1996, as last amended SG 50 of 01/07/2011)
Наредба за категоризиране на земеделските земи при промяна на тяхното предназначение (приета с ПМС № 261 на МС от 17.10.1996 г., обн., ДВ, бр. 90 от 24.10.1996 г., посл. изм. ДВ, бр. 50 от 01.07.2011 г.);
Ordinance No. 1 of 10/03/1993 for protection of the terrains of greenery and decorative vegetation (SG 26 of 30/03/1993)
Наредба № 1 от 10.03.1993 г. за опазване на озеленените площи и декоративната растителност (обн., ДВ, бр. 26 от 30.03.1993 г.)
Ordinance No. 1 of 10/09/1996 for design of the flat foundation (SG 85 of 08/10/1996)
Наредба № 1 от 10.09.1996 г. за проектиране на плоско фундиране (обн., ДВ, бр. 85 от 08.10.1996 г.)
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TITLE OF THE LEGAL ACT IN ENGLISH LANGUAGE
TITLE OF THE LEGAL ACT IN BULGARIAN LANGUAGE
DECISIONS РЕШЕНИЯ
Decision No. 122 of the Council of Ministers (CM) of 02/03/2007 for the adoption of a List of Protected Areas for Protection of Wild Birds and a List of Protected Areas for Protection of Natural Habitats and Wild Flora and Fauna (SG 21 of 09/03/3007, as last amended and supplemented SG 41 of 31/05/2011)
Решение № 122 на Министерски съвет (МС) от 02.03.2007 г. за приемане на Списък на защитените зони за опазване на дивите птици и на Списък на защитените зони за опазване на природните местообитания и на дивата флора и фауна (обн., ДВ, бр. 21 от 09.03.2007 г., посл. изм. и доп. ДВ, бр. 41 от 31.05.2011 г.)
Decision No. 661 of the CM of 16/10/2007 for the adoption of a List of Protected Areas for Protection of Natural Habitats and Wild Flora and Fauna (SG 85 of 23/10/3007, as last amended and supplemented SG 96 of 07/12/2010)
Решение № 661 на МС от 16.10.2007 г. за приемане на Списък на защитените зони за опазване на природните местообитания и на дивата флора и фауна (обн., ДВ, бр. 85 от 23.10.2007 г., посл. изм. и доп. ДВ, бр. 96 от 07.12.2010 г.)
Decision No. 802 of the CM of 04/12/2007 for the adoption of a List of Protected Areas for Protection of Wild Birds and a List of Protected Areas for Protection of Natural Habitats and Wild Flora and Fauna (SG 107 of 18/12/3007, as last amended and supplemented SG 41 of 31/05/2011)
Решение № 802 на МС от 04.12.2007 г. за приемане на Списък на защитени зони за опазване на дивите птици и на Списък на защитени зони за опазване на природните местообитания и на дивата флора и фауна (обн., ДВ, бр. 107 от 18.12.2007 г., посл. изм. и доп. ДВ, бр. 41 от 31.05.2011 г.)
ORDERS AND INSTRUCTIONS ЗАПОВЕДИ И ИНСТРУКЦИИ
Order No. RD-272 of 03/05/2001 of the Minister of Environment and Water for categorization of surface waters in the water bodies or parts therein: http://www3.moew.government.bg/files/file/Water/Povarhnostnivodi/Zapovedi_PW/kategoriz_povarhn_vodi.pdf
Заповед № РД–272/03.05.2001 г. на Министъра на околната среда и водите за категоризацията на повърхностните води във водните обекти или в части от тях: http://www3.moew.government.bg/files/file/Water/Povarhnostnivodi/Zapovedi_PW/kategoriz_povarhn_vodi.pdf
Order No. RD-970 of 28/07/2003 of the Minister of Environment and Water for determination of the sensitive areas in the water bodies: http://www3.moew.government.bg/files/file/Water/OPVodi/Kanalizacionni_sistemi/Zapoved_za_opredeliane_na_chuvstvitelni_zoni.PDF
Заповед № РД-970/28.07.2003 г. на Министъра на околната среда и водите за определяне на чувствителните зони във водните обекти: http://www3.moew.government.bg/files/file/Water/OPVodi/Kanalizacionni_sistemi/Zapoved_za_opredeliane_na_chuvstvitelni_zoni.PDF
Order No. RD-821 of 30/10/2012 of the Minister of Environment and Water on the control activities on the permits entered in force: http://www3.moew.government.bg/files/file/Water/OPVodi/SOZ/Zapoved_RD-821_30.10.2012.pdf
Заповед № РД-821/30.10.2012 г. на Министъра на околната среда и водите за контролната дейност по влезли в сила разрешителни: http://www3.moew.government.bg/files/file/Water/OPVodi/SOZ/Zapoved_RD-821_30.10.2012.pdf
Order No. RD-918 of 10/12/2012 of the Minister of Environment and Water for annual submission of information to the MoEW* and ExEA** on the newly commissioned urban waste water treatment plants: http://www3.moew.government.bg/files/file/Water/OPVodi/Kanalizacionni_sistemi/RD-918_10.12.2012.pdf
Заповед № РД-918/10.12.2012 г. на Министъра на околната среда и водите за ежегодно изпращане в МОСВ и в ИАОС на информация за нововъведени в експлоатация селищни пречиствателни станции за отпадъчни води: http://www3.moew.government.bg/files/file/Water/OPVodi/Kanalizacionni_sistemi/RD-918_10.12.2012.pdf
Instruction on the content and the maintenance during construction of rails and rail arrows, issued
Инструкция за устройство и поддържане на строене на железния път и железопътните
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TITLE OF THE LEGAL ACT IN ENGLISH LANGUAGE
TITLE OF THE LEGAL ACT IN BULGARIAN LANGUAGE
by the State Enterprise “National Company “Railway Infrastructure”, Sofia, 2010: http://www.rail-infra.bg/assets/Documents/JPS/Jelezen_pat_strelki.pdf
стрелки, издадена от ДП „Национална компания „Железопътна инфраструктура”, София, 2010 г.: http://www.rail-infra.bg/assets/Documents/JPS/Jelezen_pat_strelki.pdf
Order No. RD-09-616 of 21/07/2010 on the adoption of the Conditions for Maintenance of Land in Good Agricultural and Ecological Status: http://www.mzh.government.bg/mzh/ShortLinks/DZEU/NacionalniStandarti.aspx
Заповед № РД 09-616 от 21.07.2010 г. за одобряване на Условия за поддържане на земята в добро земеделско и екологично състояние: http://www.mzh.government.bg/mzh/ShortLinks/DZEU/NacionalniStandarti.aspx
Instruction on the determination of the type and the level of pollution of agricultural lands in for each territory and the regime for their use, approved by Order No. RD-00-11/1994 of the Ministry of Agriculture (MA)published in the Information Bulletin No. 27 of the MA, Sofia, 1994
Инструкция за определяне на вида и степента на замърсяването на земеделските земи по землища и режима на тяхното ползване. Информационен бюлетин № 27 на МЗ. София, 1994 (№ РД-00-11 на Министерство на земеделието);
Norms for design of sewage systems, adopted by Order No. RD-02-14-140 of 17/04/1989, published in Bulletin for Construction and Architecture (BCA), book 9 and 10, as amended BCA, book 1 of 1993, ISBN: 9548873569
Норми за проектиране на канализационни системи, приети със заповед № РД-02-14-140 от 17.04.1989 г., публ. Бюлетин за строителство и архитектура (БСА), кн. 9 и 10 от 1989 г. изм., БСА, кн. 1 от 1993 г., ISBN: 9548873569
REMARK: The list above is not exhaustive and was last updated on 16/04/2013.
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ANNEX 3Most relevant CJEU in the waste management field for waste landfill projects
- Judgement on joined cases C-372 toC-374/85 (Ministere public and Oscar Traen and others) 1. Approximation of laws - waste - Directive 75/442 - scope - disposal of waste - designation of
the competent authorities - discretionary power of member states - need for a permit;
- Judgement on Case C-45/91 (Commission v Greece) failure to take the measures necessary to ensure that in the area of Chania waste and toxic and dangerous waste are disposed of without endangering human health and without harming the environment;
- Judgement on Case C-236/92 (Comitato di Coordinamento per la Difesa della Cava and Others and Regione Lombardia and Others) Article 4 of Directive 75/442;
- Judgement on Case C-203/96 (Chemische Afvalstoffen Dusseldorp BV and Others and Minister van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer): Principles of self-sufficiency and proximity;
- Judgement on Case C-365/97 (Commission v Italy) failure to take the measures necessary to ensure that the waste is disposed of without endangering human health or harming the environment;
- Judgement on Case C-387/97 (Commission v UK) obligations flowing from Article 4 of Directive 75/442 on waste and Article 5 of Directive 78/319; Articles 5 to 11 of Directive 75/442;
- Judgement on joined Cases C-175/98 and C-177/98 (Paolo Lirussi (C-175/98)and Francesca Bizzaro (C-177/98)) Waste disposal - Directive 75/442, `temporary storage' of waste;
- Judgement on Case C-292/99 (Commission v France) Duty to draw up as soon as possible one or more waste management plans – Scope;
- Judgement on Case C-6/00 (Abfall Service AG (ASA)and Bundesminister für Umwelt, Jugend und Familie) Directive 75/442 on waste - Annexes II A and II B - Distinction between disposal and recovery operations;
- Judgement on Case C-116/01 (SITAEcoService Nederland BV, formerly Verol Recycling Limburg BVvMinister van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer) classification as a recovery operation or as a disposal operation;
- Judgement on Case C-494/01 (Commission v Ireland) Article 5 — Obligation to establish an integrated and adequate network of disposal installations — Obligation not satisfied where a large number of installations lack a permit and the overall disposal capacity is insufficient;
- Judgement on joined Cases C-53/02 and C-217/02 (Commune de Braine-le-Château and Michel Tillieut and Others v Région Wallonne) Directives 75/442/EEC and 91/156/EEC – Waste – Management plans – Suitable sites and installations for waste disposal;
- Judgement on Case C-375/02 (Commission v Italy) failure to adopt the measures necessary to ensure that the waste deposited in the Castelliri waste disposal site (Frosinone) (Italy) is recovered or eliminated without endangering human health and without using processes or methods which could harm the environment, and failure to adopt the measures necessary to ensure that any holder of waste at that site has it handled by a private or public waste collector or by an undertaking which carries out the operations listed in Annex II A or B to Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156 of 18 March 1991, or recovers or disposes of it himself;
- Judgement on Case C-383/02 (Commission v Italy) failure to adopt the measures necessary to ensure that the waste deposited at the Rodano waste disposal site (Milan) (Italy) is recovered or eliminated without endangering human health and without using processes or methods which could harm the environment, and failure to adopt the measures necessary to ensure that any holder of waste at that site has it handled by a private or public waste collector or by an undertaking which carries out the operations listed in Annex II A or B to Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156 of 18 March 1991, or recovers or disposes of it himself;
70
- Judgement on Case C-398/02 (Commission v Spain) failure to adopt the measures necessary to ensure, as regards the landfill located at La Bañeza (Spain), the implementation of Articles 4, 9 and 13 of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991;
- Judgement on Case C-416/02 (Commission v UK) failure of a Member State to fulfil obligations – Directives 75/442/EEC and 91/156/EEC – Meaning of ‘waste’ – Assessment of the effects of certain public and private projects on the environment; Pollution caused by a pig farm;
- Judgement on Case C-420/02 (Commission v Greece) failure to take the necessary measures to ensure that waste deposited at the ‘Pera Galini’ site in the prefecture of Heraklion will be recovered or disposed of without endangering human health, without risk to water, air, soil, plants and animals and without causing a nuisance through noise or odours, and by granting a permit to operate that installation which does not contain the necessary information;
- Judgement on Case C-447/03 (Commission v Italy) failure to take the necessary measures to ensure that waste, stored or deposited in dumps on the site of the former Enichem Manfredonia factory (province of Foggia, Italy) and at the Pariti I urban waste dump near Manfredonia, is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment, and failure to take the necessary measures to ensure that the holder of the waste stored or deposited in dumps on the site of Enichem's former factory, also situated near Manfredonia, and the holder of the waste in the Pariti I dump and Conte di Troia urban waste dump has it handled by a private or public waste collector or by an undertaking which carries out the operations listed in Annex II A or II B to Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, or recover or dispose of it themselves;
- Judgement on Case C-449/03 (Commission v France) failure to issue a permit for the operation of the tip for household and equivalent waste situated within the limits of the municipality of Saint-Laurent du Maroni in French Guyana, failure to take the necessary measures to ensure that the waste on the abovementioned tip is treated or disposed of without endangering human health and without using processes or methods which might harm the environment, andfailure to take the necessary measures to ensure that the operator of the abovementioned tip itself treats or disposes of waste or has it handled by a private or public waste collector;
- Judgement on Case C-502/03 (Commission v Greece) failure to take all the measures necessary to ensure compliance with Articles 4, 8 and 9 of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991;
- Judgement on Case C-516/03 (Commission v Italy) failure to take the measures necessary to ensure that the waste deposited in the Campolungo waste plant, situated in the commune of Ascoli Piceno (Italy), is recovered or disposed of without endangering human health and without using procedures or methods which are likely to harm the environment, and failure to take the measures necessary to ensure that any holder of waste deposited in that waste plant has it handled by a private or public collector or by an undertaking which carries out the operations listed in Annex II A or B to Council Directive of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, or recovers or disposes of it himself;
- Judgement on Case C-135/05 (Commission v Italy) landfills which had already been granted a permit or were already in operation on 16 July 2001, the operator of a landfill, before 16 July 2002, prepared and presented to the competent authorities, for their approval, a conditioning plan for the site including particulars relating to the conditions of the permit and any corrective measures which the operator considered would be needed and that, following the presentation of the conditioning plan, the competent authorities took a definite decision on whether operations might continue, by closing down as soon as possible sites which had not been granted a permit to continue to operate, or by authorising the necessary work and laying down a transitional period for the completion of the plan;
- Judgement on Case C-361/05 (Commission v Spain) failure to adopt, within the prescribed period, the necessary provisions to ensure application of Articles 4, 9 and 13 of Council Directive 75/442/EEC of 15 July 1975 on waste - as amended by Council Directive 91/156/EEC of 18 March 1991 - and of Article 14 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, with regard to the waste tips at Níjar, Hoyo de Miguel and Cueva del Mojón (Province of Almería);
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- Judgement on Case C-423/05 (Commission v France) failure of a Member State to fulfil obligations - Infringement of Articles 4, 8 and 9 of Council Directive 75/442/EEC of 15 July 1975 (OJ 1975 L 194, p. 39) on waste, as amended by Council Directive 91/156/EEC of 18 March 1991 amending Directive 75/442/EEC on waste (OJ 1991 L 78, p. 32) and Article 14(a), (b) and (c) of Council Directive 99/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1) - Failure to take necessary measures to close down or upgrade unlawful or unsupervised landfill sites;
- Judgement on Case C-172/08 (Pontina Ambiente Srl v Regione Lazio) Directive 1999/31/EC – Article 10 – Special levy on the disposal of solid waste in landfills – Operator of a landfill subject to that levy – Operating costs of a landfill – Directive 2000/35/EC – Default interest;
- Judgement on Case C-254/08 (Futura Immobiliare Srl Hotel Futura and Others v Comune di Casoria) Directive 2006/12/EC – Article 15(a) – Waste disposal costs not allocated on the basis of actual production of waste – Compatibility with the ‘polluter pays’ principle;
- Judgement on Case C-297/08 (Commission v Italy) failure of a Member State to fulfil obligations – Environment – Directive 2006/12/EC – Articles 4 and 5 – Waste management – Management plan – Integrated and adequate network of disposal installations – Danger for human health or the environment;
- Judgement on Case C-37/09 (Commission v Portugal) failure of a Member State to fulfil its obligations - Infringement of Articles 4 and 5 of Directive 2006/12/EC;
- Judgement on Case C-121/11 (Pro-Braine ASBL and Othersv the Commune of Braine-le-Château) Directive 1999/31/EC – Landfill of waste – Directive 85/337/EEC – Assessment of the effects of certain public and private projects on the environment – Decision relating to the carrying on of operations at an authorised landfill site, in the absence of an Environmental Impact Assessment – Concept of ‘consent’;
REMARK: The list above is not exhaustive, but provides a reference to some judgments of the CJEU, which should be borne in mind when EIA for waste water projects is carried out. It should be noted that the users of this Guidelines should check regularly for new relevant case-law of the Court.
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